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NY S06334

Bill

Status

Introduced

6/5/2019

Primary Sponsor

Brad Hoylman-Sigal

Click for details

Origin

Senate

2019-2020 General Assembly

AI Summary

  • Removes the prohibition on class actions involving statutory penalties or minimum measures of recovery, allowing such actions to proceed if other class action prerequisites are met.

  • Eliminates the 60-day deadline for plaintiffs to move for class certification and instead requires courts to determine certification "at an early practicable time" after a class representative sues or is sued.

  • Establishes a formal process for appointing class counsel, requiring courts to consider the applicant's work on the case, experience with class actions, legal knowledge, and resources committed to representation.

  • Requires class certification orders to include appointment of class counsel unless a statute provides otherwise, and mandates court approval before any voluntary dismissal, discontinuance, compromise, or settlement that would bind class members.

  • Prohibits payments to class members who object to settlements without court approval and requires disclosure of any agreements made in connection with proposed settlements.

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

COMMITTED TO RULES

12/28/2020

Committee Referrals

Rules12/28/2020
Judiciary1/8/2020
Rules6/5/2019

Full Bill Text

No bill text available