New York A 1379: Relates to class actions

Bill Text

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A01379 Summary:

BILL NOA01379 

&nbsp

SAME ASSAME AS S09714

&nbsp

SPONSORDinowitz

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§901 & 902, RR908 & 909, CPLR

&nbsp

Eliminates the restriction on class actions involving a penalty or minimum recovery; adds language expressly permitting class actions against governmental entities.

Go to top A01379 Actions:

BILL NOA01379 

&nbsp

01/09/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA01379 Committee&nbspVotes:

Go to topA01379 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01379 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1379

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
 tee on Judiciary

 AN ACT to amend the civil practice law and rules, in relation to class
 actions

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision b of section 901 of the civil practice law and
 2 rules, as added by chapter 207 of the laws of 1975, is amended to read
 3 as follows:
 4 b. [Unless a statute creating or imposing a penalty, or a minimum
 5 measure of recovery specifically authorizes the recovery thereof in a
 6 class action, an action to recover a penalty, or minimum measure of
 7 recovery created or imposed by statute may not be maintained as a class
 8 action] Once the other prerequisites under subdivision a of this section
 9 have been satisfied, class certification shall not be considered an
 10 inferior method for fair and efficient adjudication on the grounds that
 11 the action involves a governmental party or governmental operations.
 12 § 2. Section 902 of the civil practice law and rules, as amended by
 13 chapter 474 of the laws of 1975, is amended to read as follows:
 14 § 902. Order allowing class action[. Within sixty days after the time
 15 to serve a responsive pleading has expired for all persons named as
 16 defendants in an action brought as a class action, the plaintiff shall
 17 move for an order to determine whether it is to be so maintained] and
 18 appointing class counsel. a. At an early practicable time after a person
 19 sues or is sued as a class representative, the court must determine by
 20 order whether to certify the action as a class action. An order under
 21 this section may be conditional, and may be altered or amended before
 22 the decision on the merits on the court's own motion or on motion of the
 23 parties. The action may be maintained as a class action only if the
 24 court finds that the prerequisites under section 901 of this article

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02075-01-5

 A. 1379 2

 1 have been satisfied. Among the matters which the court shall consider in
 2 determining whether the action may proceed as a class action are:
 3 1. the interest of members of the class in individually controlling
 4 the prosecution or defense of separate actions;
 5 2. the impracticability or inefficiency of prosecuting or defending
 6 separate actions;
 7 3. the extent and nature of any litigation concerning the controversy
 8 already commenced by or against members of the class;
 9 4. the desirability or undesirability of concentrating the litigation
 10 of the claim in the particular forum;
 11 5. the difficulties likely to be encountered in the management of a
 12 class action.
 13 b. Unless a statute provides otherwise, the order permitting a class
 14 action shall appoint class counsel. In appointing class counsel, the
 15 court:
 16 1. shall consider:
 17 (i) the work counsel has done in identifying or investigating poten-
 18 tial claims in the action;
 19 (ii) counsel's experience in handling class actions, other complex
 20 litigation, and the types of claims asserted in the action;
 21 (iii) counsel's knowledge of the applicable law; and
 22 (iv) the resources that counsel will commit to representing the class;
 23 2. may consider any other matter pertinent to counsel's ability to
 24 fairly and adequately represent the interests of the class;
 25 3. may order potential class counsel to provide info