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Assembly passes bill to bar denying class certification solely because a defendant is a government entity
Summary
The Assembly passed A1550 after debate over whether courts should be able to deny class certification solely because a case targets a governmental operation; supporters said it preserves access to court, while opponents warned it could increase litigation costs and upset settled judicial discretion.
The Assembly voted to pass A1550, a proposal that would bar courts from denying class certification solely because the lawsuit involves a governmental operation. Sponsor (Assembly member identified in the reading) framed the bill as a clarity measure to ensure groups with limited resources can seek collective remedies in court.
"The bill just states that courts cannot deny a class certification solely because a lawsuit involves a governmental operation," the sponsor said, arguing the measure preserves Article 9 certification requirements while removing a barrier he called a special treatment for government. The sponsor repeatedly emphasized that the bill does not itself require monetary awards and that judges would still evaluate merits and certification prerequisites.
Opponents questioned whether the bill would unsettle long-established case law and remove judicial discretion. "But aren't class action lawsuits currently allowable against governmental entities in the sound discretion of the court?" one opponent asked during debate, pressing whether the legislation was necessary given settled precedent.
Another member, explaining a no vote, predicted executive resistance: "I can predict that the governor will probably veto this again," he said, and said he would vote no. Supporters countered that the measure was about accountability and access to justice for low-income, elderly and disabled New Yorkers who might not be able to bring individual suits.
The Assembly recorded the vote: Ayes 99; Noes 48. The bill passed the chamber and will proceed per legislative process for further executive consideration.
