2017 NYS Legislative Agenda: Reform and modernize the administration of class actions in New York’s courts by amending Article 9 of the Civil Practice Law and Rules
Reform and modernize the administration of class actions in New York’s courts by amending Article 9 of the Civil Practice Law and Rules
The City Bar supports amending Article 9 of the Civil Practice Law and Rules to reform and modernize the administration of class actions in New York’s courts. In 1975, New York enacted its current Article 9 for class actions, but the statute has not been materially changed since. Generally, the amendments would: 1) permit class certification for actions demanding a statutory penalty or minimum measure of recovery; 2) amend language which disfavors class actions against governmental entities; 3) adopt language stating that motions for class certification be made “at an early practicable time” rather than within 60-days; 4) provide guidance with specified factors to be considered in appointing class counsel; and 5) provide a more flexible notice provision concerning discontinuance, dismissal or compromise of the class action. The City Bar believes the proposed amendments are appropriate to improve the administration of class actions and to continue to restore New York to a leadership role in commercial litigation.
