Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Apr 27, 2009 |
referred to codes |
Senate Bill S5394
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) 15th Senate District
2009-S5394 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5019
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §902, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S5327, A2334
2013-2014: S4949, A6871
2015-2016: A2191
2017-2018: A3181
2019-2020: A2446
2021-2022: A6501
2023-2024: A4721, A8609
2009-S5394 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5394 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to certification of class actions in cases involving governmental operations PURPOSE OR GENERAL IDEA OF BILL : Section 902 of the Civil Practice Law and Rules is amended to provide that a court may not deny or withhold class certification solely because the action involves governmental operations. This bill will not require the court to certify a class. More importantly, this bill will specify once the requirements of Article 9 are satisfied, certification cannot be denied solely because the case involves governmental operations. SUMMARY OF PROVISIONS : The bill amends Civil Practice Law and Rules, Section 902(5) to prevent the withholding of "class certification" by a court merely because an action may involve governmental operations. JUSTIFICATION : Legal Services for New York City, a not-for-profit organization that provides legal service for low-income people, supports this bill. Courts generally have been unwilling to certify a class when
2009-S5394 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5394 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to certif- ication of class actions in cases involving governmental operations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 902 of the civil practice law and rules, as amended by chapter 474 of the laws of 1975, is amended to read as follows: S 902. Order allowing class action. Within sixty days after the time to serve a responsive pleading has expired for all persons named as defendants in an action brought as a class action, the plaintiff shall move for an order to determine whether it is to be so maintained. An order under this section may be conditional, and may be altered or amended before the decision on the merits on the court's own motion or on motion of the parties. The action may be maintained as a class action only if the court finds that the prerequisites under section 901 have been satisfied. Among the matters which the court shall consider in determining whether the action may proceed as a class action are: 1. the interest of members of the class in individually controlling the prosecution or defense of separate actions; 2. the impracticability or inefficiency of prosecuting or defending separate actions; 3. the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; 4. the desirability or undesirability of concentrating the litigation of the claim in the particular forum; 5. the difficulties likely to be encountered in the management of a class action. HOWEVER, A COURT SHALL NOT DENY OR WITHHOLD CLASS CERTIFICATION SOLELY BECAUSE THE ACTION INVOLVES GOVERNMENTAL OPERATIONS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06640-01-9
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