Class Action Lawsuits – State Lawsuit Reform

State Name	Class Action Lawsuits Grade
Alabama	A
Alaska	F
Arizona	A
Arkansas	A
California	D
Colorado	D
Connecticut	A
Delaware	D
Florida	A
Georgia	A
Hawaii	D
Idaho	D
Illinois	D
Indiana	D
Iowa	A
Kansas	D
Kentucky	A
Louisiana	A
Maine	F
Maryland	F
Massachusetts	D
Michigan	D
Minnesota	D
Mississippi
Missouri	D
Montana	A
Nebraska	F
Nevada	F
New Hampshire	D
New Jersey	D
New Mexico	D
New York	D
North Carolina	D
North Dakota	A
Ohio	A
Oklahoma	A
Oregon	D
Pennsylvania	D
Rhode Island	F
South Carolina	F
South Dakota	F
Tennessee	A
Texas	A
Utah	D
Vermont	D
Virginia
Washington	D
West Virginia	D
Wisconsin	F
Wyoming	D

Once a judge decides that a class action can move forward as a class, defendants are often encouraged to settle whether or not the lawsuits have merit. The possibility of losing thousands of claims is a huge risk. It is essential to ensure that the class action mechanism is not abused.

Is there a right to appeal class certification (interlocutory appeal)?

Why does this matter?

Once a judge decides that a class action can move forward as a class, defendants are often encouraged to settle whether or not the lawsuits have merit. The possibility of losing thousands of claims is a huge risk. Certifying a class has great impact on a case, so it is important to allow the appeal of that decision.

State Ratings for Factor

State	Answer	Rating
Alabama	Yes.	A
Alaska	No.	F
Arizona	Yes.	A
Arkansas	Yes.	A
California	No.	D
Colorado	No, but an order may be reviewed at the appellate court's discretion.	D
Connecticut	Yes.	A
Delaware	No.	D
Florida	Yes.	A
Georgia	Yes.	A
Hawaii	No.	D
Idaho	No.	D
Illinois	No.	D
Indiana	No.	D
Iowa	Yes.	A
Kansas	No.	D
Kentucky	Yes.	A
Louisiana	Yes.	A
Maine	No.	F
Maryland	No.	F
Massachusetts	No.	D
Michigan	No, but an order may be reviewed at the appellate court's discretion.	D
Minnesota	No, but an order may be reviewed at the appellate court's discretion.	D
Mississippi	N/A. Mississippi has not adopted a rule authorizing class actions.	n/a
Missouri	No, but an order may be reviewed at the appellate court's discretion.	D
Montana	Yes.	A
Nebraska	No.	F
Nevada	No.	F
New Hampshire	No, such orders are subject to the same standards that govern requests for other interlocutory appeals.	D
New Jersey	No, class certification orders are treated no differently than other rulings.	D
New Mexico	No. An appellate court has discretion to grant an appeal.	D
New York	No.	D
North Carolina	No.	D
North Dakota	Yes.	A
Ohio	Yes.	A
Oklahoma	Yes.	A
Oregon	No.	D
Pennsylvania	Only orders denying class certification can be appealed immediately.	D
Rhode Island	No.	F
South Carolina	No.	F
South Dakota	No.	F
Tennessee	Yes.	A
Texas	Yes.	A
Utah	No, such orders are subject to the same standards that govern requests for other interlocutory appeals.	D
Vermont	No, the Vermont Supreme Court may permit such appeals in its discretion.	D
Virginia	N/A. Virginia law does not authorize class actions in state courts.	n/a
Washington	No.	D
West Virginia	No.	D
Wisconsin	No.	F
Wyoming	No.	D

State Ratings

Class Action Improvements Act

Makes several improvements to the use of class actions to ensure the mechanism is used properly and not abused. Primarily, the model governs prerequisites for class certifications and guarantees the right to appeal a class certification.

See complete model policy

Class Action Reform, Lawsuit Reform for Competitive State Economies, 2013, pp. 54-57