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Assembly approves bill to clarify class-action certification against government entities
Summary
The Assembly passed legislation to statutorily permit class-action certification involving government operations; sponsors said it restores a clear option for courts, opponents cited existing judicial discretion and previous gubernatorial vetoes and fiscal concerns for localities.
Assemblymember Salaj sponsored a bill to amend the Civil Practice Law and Rules so that class certification would not be denied solely because the defendant is a governmental entity when prerequisites for class treatment are met. The sponsor framed the measure as closing a loophole and restoring a clear statutory option for courts to consider class actions against government agencies.
During floor questioning, members noted the bill had been vetoed by the governor three times in prior years and asked whether judges already possess discretion under case law to certify classes that include government defendants. Opponents argued longstanding case law and judicial discretion address certification, and warned of potential fiscal exposure and increased litigation costs for counties and municipalities.
The Assembly debated whether codifying the option is necessary or whether it removes useful judicial safeguards. The bill passed by recorded vote (Ayes 93, Nays 46). The bill's fate beyond the Assembly (possible reconsideration by the governor or Senate action) will determine final adoption.
