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NY A08034

Bill

Status

Introduced

5/30/2019

Primary Sponsor

Jeffrey Dinowitz

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Eliminates the prohibition against class actions involving statutory penalties or minimum recovery measures, instead allowing such actions to proceed if class certification prerequisites are met and the involvement of governmental parties is not grounds for denial.

  • Requires courts to determine class certification at an early practicable time and establishes procedures for appointing class counsel, including mandatory consideration of counsel's work identifying claims, experience with class actions, legal knowledge, and resources committed.

  • When multiple adequate applicants seek appointment as class counsel, requires courts to appoint the applicant best able to represent the class interests; allows courts to designate interim counsel before certification.

  • Establishes detailed procedures for settlement or dismissal of class actions, including notice requirements to class members, court approval after finding fairness and reasonableness, and prohibits payments to objectors for withdrawing objections unless court-approved.

  • Modifies attorneys' fees provision to clarify that fee awards are subject to any limitations imposed by law.

Legislative Description

Addresses prerequisites to a class action; an order allowing class action and appointing class counsel; the voluntary dismissal, discontinuance, compromise or settlement of a class action and attorneys' fees.

Last Action

ordered to third reading rules cal.288

7/22/2020

Committee Referrals

Rules7/17/2020
Codes1/8/2020
Rules6/11/2019
Codes6/4/2019
Judiciary5/30/2019

Full Bill Text

No bill text available