BILL NUMBER: S9466
SPONSOR: GONZALEZ
 
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to attor-
neys' fees in class actions
 
PURPOSE:
An act to amend the civil practice law rules, in relation to authorizing
additional awards to class representatives.
 
SUMMARY OF PROVISIONS:
Section 1. Amends section 909 of the civil practice law and rules.
Section 2. Sets the effective date.
 
JUSTIFICATION:
This bill would give the courts the authority to give class represen-
tatives additional awards for their work advancing a class action
lawsuit. In a class action, an individual, or class member, can join a
lawsuit but may play no role in the trial. A class representative is the
individual whose case is being tried, and they will retain a lawyer who
will represent them, collect documents related to the case, speak on
behalf of the class, and more. This process can come at a great personal
and economic expense, and the court may deem it appropriate for the
initiating class representative/s to receive a higher award.
A class action lawsuit typically begins with an individual engaging an
attorney who will investigate and see if a claim or violation of the law
exists. An attorney may then determine if other individuals have similar
claims which then may be brought as a group, or class. Sometimes a
class action lawsuit may involve hundreds of plaintiffs. In the class
action lawsuit of Saska v. Metropolitan Museum of Art, the court ruled
in favor of the class and due to the work of the class representatives,
they wanted to grant an additional award. The court then realized that
the law does not allow for a separate incentive award for class repre-
sentatives.
The court noted that the issue was not whether the class representatives
deserved to be compensated, but that such awards are not currently
permitted by statute. This bill will rectify this in the law and honor
the efforts of class representatives.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect immediately.