New York Senate Bill S09035

New York 2025-2026 Regular Session

• Introduced: 1/27/26
• Refer: 1/27/26

Caption

Prohibits a court from denying class certification for purposes of class action lawsuits solely because the action involves governmental operations.

Summary

S09035 amends section 902 of the Civil Practice Law and Rules to add a new limitation on class-action certification decisions. Under current law, a plaintiff seeking to proceed as a class action must move for certification and the court must consider the usual class-action factors, including whether individual suits are preferable, whether separate litigation is impracticable, whether related litigation already exists, whether concentrating the case in one forum is desirable, and whether the case can be managed as a class action. The bill adds that a court may not deny or withhold class certification solely because the case involves governmental operations. In effect, it prevents courts from using the fact that a lawsuit challenges government conduct or administration as the only reason to reject class treatment, while leaving all other certification requirements in place. The bill would take effect immediately if enacted.

Impact

This bill would amend New York’s Civil Practice Law and Rules, specifically CPLR section 902, by narrowing one basis on which courts may refuse class certification. It does not create a new cause of action or change the substantive rights at issue in governmental-operations cases; rather, it affects procedural access to class-action treatment in civil litigation. The practical impact would be on plaintiffs, government defendants, and courts handling cases involving state or local governmental operations, potentially making it easier for similarly situated claimants to litigate collectively when the case otherwise satisfies class-action standards.

Sentiment

Based on the bill text and caption, the measure appears to be framed as a procedural fairness reform aimed at ensuring that cases involving government operations are not categorically excluded from class-action status. There is no recorded committee debate or vote history provided, so no direct opposition or support is documented in the materials. The overall sentiment inferred from the proposal is neutral-to-supportive of expanding access to class certification in appropriate cases, while preserving judicial discretion under the existing class-action criteria.

Contention

The main point of contention is likely to be whether cases involving governmental operations present unique manageability, separation-of-powers, or public-administration concerns that justify stricter scrutiny at the certification stage. Supporters would likely argue that government involvement should not automatically bar class treatment if the statutory prerequisites are met, while opponents may contend that such cases can be harder to manage and may implicate broad policy or budgetary decisions better handled outside class litigation. The bill does not eliminate judicial discretion altogether; it only prohibits denial based solely on the governmental-operations nature of the case.