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Code of Ala. §6-5-641. Certification of classes. Provides procedures for certification of class status by state courts and requires the courts to hold an evidentiary hearing on class certification upon motion of any party. Code of Ala. §6-5-642. Appeal of certification. Allows for court's order certifying a class or refusing to certify a class to be appealed.
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See procedural rules, above.
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Overruled by caselaw.
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C.R.S. 13-20-901. Class actions--appellate review. Allows for appellate review of an interlocutory appeal re: class action certification.
C.R.S. 12-14-113. Civil liability. Imposes civil liability up to $100,000 even to each individual member of a class action under the Colorado FDCPA.
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Conn. Gen. Stat. § 42-110g. Action for damages--Class Actions. Explicitly allows plaintiffs to bring class action lawsuits for damages.
Conn. Gen. Stat. § 52-105. Numerous parties may be represented by one. Gives authority for class actions.
Conn. Gen. Stat. § 36a-740. Violations by financial institutions. Prohibits class action lawsuits in lending discrimination claims.
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Fla. Stat. § 44.103. Court may refer any contested civil action filed in circuit or county court to court-annexed, non-binding arbitration.
Fla. Stat. § 44.104 includes the procedure for voluntary trial resolution. See Case Management.
Fla. Stat. § 68.098. Prohibits the use of state civil legal assistance funds from being used to file class action lawsuits.
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Hawaii Revised Statute § 633-27. District Courts; Powers. Prohibits class actions in district courts.
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§ 735 Illinois Compiled Statutes Annotated 5/2-801-806. Class Actions.
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Kansas Annotated Statutes §20-302b. District magistrate judges; jurisdiction, powers and duties; appeals. (Statute prohibits district court jurisdiction over class actions.)
Kansas Annotated Statutes § 60-223. Class actions.
Kansas Annotated Statutes § 60-2103. Appellate procedure.
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Kentucky Revised Statute § 24A.240. Prohibits class action suits in small claims court.
Kentucky Revised Statute § 22A.020. Jurisdiction -- Appeal procedures.
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Article 592 of the Louisiana Code of Civil Procedure sets out the certification procedure and other requirements for class actions.
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Summary of LD 1518, "An Act to Increase Access to Justice in Maine's Court System."
Richardson, John. "Legislature's Judiciary Committee Hears Bill to Create Business Court." (May 10, 2005). Testimony of state speaker of the house.
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Mississippi Code § 11-53-37. Costs in class suits. (Provides for costs in class action suits in the Mississippi chancery courts, in spite of the fact that Mississippi has no Rule 23.)
Mississippi Code § 11-51-3. Appeals to Supreme Court.
Mississippi Code § 9-4-3. Jurisdiction of court; issuance of decisions.
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Missouri Revised Statutes 407.025, Missouri Revised Statutes 507.070.
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Mont. Code Ann., Chapter 20, Rule 23. Class actions.
Mont. Code Ann., Chapter 21, Rule 1. Scope of rules--from what judgment an appeal may be taken.
Mont. Code Ann. 3-20-101 et seq.
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No mass tort legislation exists, however, the Nevada Legislature adopted a framework for construction defect litigation at Nevada Revised Statutes 40.600-40.695.
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Section 2307.91 et seq. deal with asbestos litigation, and section 2307.84 et seq. deal with silicosis and mixed dust disease claims.
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Oregon Revised Statute § 1.004. Supreme Court rules governing coordination of class actions.
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See SDCL 15-6-23.
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HB2052/SB2151 has been assigned Public Chapter Number 280, eff.July 1, 2005 . It allows appeal from order denying class action certification; a party is not required to obtain permission from the trial court to apply for appeal.
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SB 15 became effective September 1, 2005. The bill creates Chapter 90 of the Civil Practice and Remedies Code, which demands that certain thresholds be met before an asbestos lawsuit may be maintained. Specifically, individuals wishing to bring suit must show some demonstrable illness – not just exposure to asbestos. The bill created § 90.010 of the Civil Practice and Remedies Code, which specifies the actions to which the MDL rules (R 13) apply. Section 90.010 also requires MDL pretrial courts to expedite cases in which an exposed person is living and has been diagnosed with an asbestos-related illness.
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Pertinent legislation to be considered in 2006 includes: Prohibition of Contingent Fees For Expert Witnesses; Utah Attorney’s Fees Recovery Act; and Limits on Non-Economic Damages.
SB 252 containing consumer credit code amendments was passed March 15, 2006. The law expressly validates contract language waiving borrowers' rights to participate in class actions against lenders. Utah Code § 78B-3-410 caps non-economic losses in malpractice actions against health care providers. The state treasurer must certify to the AOC annual adjustments based on inflation. A schedule of cap amounts on causes of action arising on or after particular dates is available.
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