A number of exciting trial court and appellate court decisions were rendered in 2015 interpreting CPLR Article 9, New York State’s class action statute. As noted earlier this year there has been a noticeable and positive change in the receptivity of New York courts, especially the Court of Appeals, in making our class action statute more readily available to groups of litigants, especially consumers, employees and tenants.1
This year the courts dealt with a variety of class action issues including mass physical injury and property damage torts, the enforceability of mandatory arbitration clauses and class action waivers, discontinuances and the need for class notice, the viability of disclosure only settlements, challenges to the class representative’s standing by offering to settle his or her individual claim (i.e. “picking-off”), communicating with prospective class members without court approval and attempting to settle their individual claims pre-certification, soliciting prospective class members by Internet website and Lien Law class actions and the numerosity requirement. Lastly, the New York City Bar Association has issued a much anticipated “Report on Class Actions in New York State Courts” and proposed amendments to CPLR Article 9.2
Mass Torts
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
