Full Text of SB2888 103rd General Assembly
SB2888 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2888 Introduced 1/24/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: | | 735 ILCS 5/2-801 | from Ch. 110, par. 2-801 | 735 ILCS 5/2-802 | from Ch. 110, par. 2-802 | 735 ILCS 5/2-803 | from Ch. 110, par. 2-803 | 735 ILCS 5/2-808 new | | 735 ILCS 5/2-809 new | | 735 ILCS 5/2-810 new | |
| Amends provisions of the Code of Civil Procedure pertaining to class actions. Adds additional requirements concerning: prerequisites to the maintenance of a class action (including provisions that a class action may be certified only if: the plurality of the class members are residents of Illinois or if the plurality of the class members were physically in Illinois when the cause of action arose; and a class action is superior to other available methods for the fair and efficient adjudication of the controversy); where a class action may be brought; preliminary determinations to be made by the court; notice to the class; coupon and other noncash settlements; loss by class members under a proposed settlement; and attorney's fees. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil procedure. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Sections 2-801, 2-802, and 2-803 and by adding | 6 | | Sections 2-808, 2-809, and 2-810 as follows: | 7 | | (735 ILCS 5/2-801) (from Ch. 110, par. 2-801) | 8 | | Sec. 2-801. Prerequisites for the maintenance of a class | 9 | | action. | 10 | | (a) An action may be maintained as a class action only in | 11 | | the any court sitting in the county of this State in which: (i) | 12 | | the defendant's principal office is located; (ii) the | 13 | | plurality of class members who are Illinois residents reside; | 14 | | or (iii) the cause of action arose for the plurality of class | 15 | | members. and A party may sue or be sued as a representative | 16 | | party of the class only if the court finds: | 17 | | (1) The class is so numerous that joinder of all | 18 | | members is impracticable. | 19 | | (2) There are questions of fact or law common to the | 20 | | class, which common questions predominate over any | 21 | | questions affecting only individual members , and a class | 22 | | action is superior to other available methods for the fair | 23 | | and efficient adjudication of the controversy. The matters |
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| 1 | | pertinent to the findings include: | 2 | | (A) the interest of members of the class in | 3 | | individually controlling the prosecution or defense of | 4 | | separate actions; | 5 | | (B) the extent and nature of any litigation | 6 | | concerning the controversy already commenced by or | 7 | | against members of the class; | 8 | | (C) the desirability or undesirability of | 9 | | concentrating the litigation of the claims in the | 10 | | particular forum; and | 11 | | (D) the difficulties likely to be encountered in | 12 | | the management of a class action . | 13 | | (3) The representative parties will fairly and | 14 | | adequately protect the interest of the class. | 15 | | (4) The class action is an appropriate method for the | 16 | | fair and efficient adjudication of the controversy. | 17 | | (b) Notwithstanding the provisions of subsection (a), a | 18 | | class action may be certified only if the plurality of the | 19 | | class members are residents of this State or if the plurality | 20 | | of the class members were physically in this State when the | 21 | | cause of action arose. | 22 | | (Source: P.A. 82-280.) | 23 | | (735 ILCS 5/2-802) (from Ch. 110, par. 2-802) | 24 | | Sec. 2-802. Order and findings relative to the class. | 25 | | (a) Preliminary determinations. Before making any of the |
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| 1 | | determinations set forth in subsections (b) and (c), the court | 2 | | shall determine whether the action that has been brought as a | 3 | | class action has been commenced in the court sitting in the | 4 | | county of this State in which: | 5 | | (1) the defendant's principal office is located; | 6 | | (2) the plurality of class members who are Illinois | 7 | | residents reside; or | 8 | | (3) the cause of action arose for the plurality of | 9 | | class members. | 10 | | If the court determines that the action has not been | 11 | | commenced in such a county, the court may not permit the action | 12 | | to be maintained as a class action pursuant to subsections (b) | 13 | | and (c). | 14 | | (b) Determination of Class. As soon as practicable after | 15 | | the commencement of an action brought as a class action, the | 16 | | court shall determine by order whether it may be so maintained | 17 | | and describe those whom the court finds to be members of the | 18 | | class. This order may be conditional and may be amended before | 19 | | a decision on the merits. | 20 | | (c) (b) Class Action on Limited Issues and Sub-classes. | 21 | | When appropriate, an action may be brought or maintained as a | 22 | | class action with respect to particular issues, or divided | 23 | | into sub-classes and each sub-class treated as a class. The | 24 | | provisions of this rule shall then be construed and applied | 25 | | accordingly. | 26 | | (Source: P.A. 82-280.) |
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| 1 | | (735 ILCS 5/2-803) (from Ch. 110, par. 2-803) | 2 | | Sec. 2-803. Notice to class members. | 3 | | (a) For any class certified under this Part 8, the court | 4 | | may direct appropriate notice to the class. | 5 | | (b) For any class certified under this Part 8, the court | 6 | | must direct to class members the best notice practicable under | 7 | | the circumstances, including individual notice to all members | 8 | | who can be identified through reasonable effort. The notice | 9 | | must concisely and clearly state in plain, easily understood | 10 | | language: | 11 | | (1) the nature of the action; | 12 | | (2) the definition of the class certified; | 13 | | (3) the class claims, issues, or defenses; | 14 | | (4) that a class member may enter an appearance | 15 | | through counsel if the member so desires; | 16 | | (5) that the court will exclude from the class any | 17 | | member who requests exclusion, with instructions stating | 18 | | when and how members may elect to be excluded; and | 19 | | (6) the binding effect of a class judgment on class | 20 | | members under this Part 8. in class cases. Upon a | 21 | | determination that an action may be maintained as a class | 22 | | action, or at any time during the conduct of the action, | 23 | | the court in its discretion may order such notice that it | 24 | | deems necessary to protect the interests of the class and | 25 | | the parties. |
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| 1 | | An order entered under subsection (a) of Section 2-802 of | 2 | | this Act, determining that an action may be maintained as a | 3 | | class action, may be conditioned upon the giving of such | 4 | | notice as the court deems appropriate. | 5 | | (Source: P.A. 83-707.) | 6 | | (735 ILCS 5/2-808 new) | 7 | | Sec. 2-808. Judicial scrutiny of coupon and other noncash | 8 | | settlements. The court may approve a proposed settlement under | 9 | | which the class members receive coupons or other similar | 10 | | noncash benefits or would otherwise be required to expend | 11 | | funds to obtain part or all of the proposed benefits only after | 12 | | a hearing to determine whether, and making a written finding | 13 | | that, the settlement is fair, reasonable, and adequate for | 14 | | class members. | 15 | | (735 ILCS 5/2-809 new) | 16 | | Sec. 2-809. Protection against loss by class members. The | 17 | | court may approve a proposed settlement under which any class | 18 | | member is obligated to pay sums to class counsel that would | 19 | | result in a net loss to the class member only if the court | 20 | | makes a written finding that the nonmonetary benefits to the | 21 | | class member outweigh the monetary loss. | 22 | | (735 ILCS 5/2-810 new) | 23 | | Sec. 2-810. Attorney's fees. Any attorney representing |
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| 1 | | any member or members of the plaintiff class in a class action | 2 | | may seek payment of attorney's fees and costs pursuant to a | 3 | | petition filed with the court. The court shall make a | 4 | | determination based on findings of fact that the amount | 5 | | awarded for attorney's fees and costs is reasonable and | 6 | | commensurate with the benefits conferred upon the members of | 7 | | the class represented by the petitioners for fees and costs. |
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