Prohibits a court from denying class certification for purposes of class action lawsuits solely because the action involves governmental operations.
Summary
A01550 would amend New York’s Civil Practice Law and Rules section 902, which governs when a lawsuit may proceed as a class action. The bill adds a specific rule that a court may not deny or withhold class certification solely because the case involves governmental operations. In other words, if the usual class-action requirements are met, the mere fact that the dispute concerns government conduct, administration, or public services would not by itself be a reason to reject class treatment.
The measure does not create a new cause of action or change the basic class-action standards in section 901; it narrows one possible basis for refusing certification. It would apply immediately upon enactment and could affect class-action litigation against state and local government entities, agencies, and other public bodies where plaintiffs seek to aggregate claims challenging government policies or practices.
Impact
The bill would modify CPLR 902 by limiting judicial discretion in class certification decisions in cases involving governmental operations. Courts would still evaluate the standard class-action factors, such as commonality, manageability, and the interests of individual class members, but they could not rely solely on the governmental nature of the case to deny certification. This could make it easier for plaintiffs to bring class actions against public entities and could increase exposure for state and local governments in litigation over public administration, benefits, services, or enforcement practices.
Sentiment
The available voting history suggests the bill drew meaningful but not overwhelming support. It passed the Assembly Codes Committee, the Assembly floor, and the Senate floor, indicating that a majority in both houses accepted the proposal. At the same time, the recorded nay votes in both chambers show that a substantial minority opposed it, suggesting the bill was viewed as significant and somewhat controversial rather than routine.
Contention
The main point of contention is the bill’s effect on lawsuits against government entities. Supporters likely view the measure as ensuring that plaintiffs are not unfairly blocked from class-wide relief simply because the defendant is a public body, while opponents likely worry that it could expand class-action litigation against the state and municipalities, increase costs, and reduce courts’ ability to screen out difficult-to-manage cases involving public administration. The debate centers on balancing access to collective legal remedies against concerns about litigation burdens on governmental operations.
Same As
Prohibits a court from denying class certification for purposes of class action lawsuits solely because the action involves governmental operations.
Eliminates the restriction on class actions involving a penalty or minimum recovery; adds language expressly permitting class actions against governmental entities.
Prohibits class action lawsuits from being brought against the Dept. of Revenue or the office of debt recovery within the Dept. of Revenue (EN SEE FISC NOTE GF EX See Note)