|State Name||Class Action Lawsuits Grade|
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 Rating 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 n/a 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 n/a Washington D West Virginia D Wisconsin F Wyoming D
1 Model Policy
Class Action Improvements ActMakes 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.