Assembly passes bill barring courts from denying class certification solely because suit involves government

Albany — The New York State Assembly on March 24 passed Assembly Bill 1550, a measure that prohibits courts from denying class certification solely because a lawsuit involves a governmental operation, the Assembly clerk read during floor action, and members approved the bill by a vote of 99 to 48.

The bill’s sponsor, Assemblymember Solasz, said the measure “just states that courts cannot deny a class certification solely because a lawsuit involves a governmental operation,” arguing the change would ensure that low-income and other marginalized New Yorkers can pursue collective legal remedies against government entities.

Supporters told colleagues that the bill aims to clarify the Civil Practice Law and Rules (CPLR) so that governmental entities are not treated as a special litigant that automatically blocks class certification. Assemblymember Solasz said the bill does not remove judicial scrutiny; plaintiffs must still meet CPLR prerequisites such as numerosity, commonality, typicality and adequacy…