Assembly adopts bill to bar denial of class certification solely because suit names government

ALBANY, N.Y. — The state Assembly on Monday passed legislation that would prevent New York courts from denying class-action certification solely because a lawsuit is brought against a government entity.

Assemblymember Solange, the bill’s sponsor, told colleagues the measure would remove a special rule that she said treated governments as privileged litigants and limited access to justice for low-income and marginalized New Yorkers. “All we’re saying is that you have to certify all of the other requirements, but just you can’t deny a lawsuit… just because it’s against a governmental operation,” she said.

The measure would amend the Civil Practice Law and Rules (CPLR) to make explicit that a court may not refuse to certify a class only on the basis that the defendant is a government operation. Solange and supporters said the change clarifies access to courts for groups who lack resources to sue individually and does not itself require monetary awards; remedies could include policy or regulatory changes. “This bill doesn’t require any monetary award,” Solange said. “It could just be a change in a regulation or ruling.”

Opponents…