Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
Establishes right to immediate interlocutory appeal from determinations as to class certification in class action lawsuits.
CURRENT VERSION OF TEXT
An Act concerning class action lawsuits and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Appeals of class certification orders.
a. An appeal of an order granting or denying a motion for class certification or decertification may be taken to the Appellate Division of the Superior Court as of right. An appeal of a decision of the Appellate Division of the Superior Court concerning class certification or decertification may be taken to the Supreme Court in the same manner as a final judgment of the Appellate Division of the Superior Court.
b. An appeal under this section stays all other proceedings in the Superior Court pending resolution of the appeal.
2. This act shall take effect on the 91st day following enactment and shall apply to all cases filed on or after its effective date.
This bill would permit litigants contesting a judicial determination as to the certification or decertification of a class of plaintiffs in a class action lawsuit to immediately appeal that ruling to the Appellate Division of the Superior Court as of right.
Under the existing system, litigants who wish to challenge a determination as to class certification must either request leave to file an interlocutory appeal or litigate the matter to a final judgment. If a motion for leave to file an interlocutory appeal is not granted, the litigant is generally left with a choice between incurring the expense of litigating the matter to a final judgment or settling the case without the benefit of a judicial ruling.
Several other states, including Connecticut, Florida, Ohio, Oklahoma, and Texas, currently permit interlocutory appeals as of right of determinations as to class certification.