Full Text of SB0076 102nd General Assembly
SB0076 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0076 Introduced 2/3/2021, 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 | |
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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:
(A) the
interest of | 2 | | members of the class in individually controlling the | 3 | | prosecution or
defense of
separate actions; (B) the extent | 4 | | and nature of any litigation concerning the
controversy
| 5 | | already commenced by or against members of the class; (C) | 6 | | the desirability or
undesirability of concentrating the | 7 | | litigation of the claims in the particular
forum; and (D) | 8 | | the
difficulties likely to be encountered in the | 9 | | management of a class action .
| 10 | | (3) The representative parties will fairly and | 11 | | adequately protect
the interest of the class.
| 12 | | (4) The class action is an appropriate method for the | 13 | | fair and
efficient adjudication of the controversy.
| 14 | | (b) Notwithstanding the provisions of subsection (a), a | 15 | | class action may
be
certified only
if the plurality of the | 16 | | class members are residents of this State or if the
plurality | 17 | | of the class
members were physically in this State when the | 18 | | cause of action arose.
| 19 | | (Source: P.A. 82-280.)
| 20 | | (735 ILCS 5/2-802) (from Ch. 110, par. 2-802)
| 21 | | Sec. 2-802. Order and findings relative to the class.
| 22 | | (a) Preliminary determinations. Before making any of the | 23 | | determinations
set
forth
in
subsections (b) and (c) of this | 24 | | Section, the court shall determine whether the action that has
| 25 | | been
brought as a class action has been commenced in the court |
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| 1 | | sitting in the county
of this
State in which: (i) the | 2 | | defendant's principal office is located; (ii) the
plurality of | 3 | | class
members who are Illinois residents reside; or (iii) the | 4 | | cause of action arose
for the
plurality of class members. If | 5 | | the court determines that the action has not been
commenced in
| 6 | | such a county, the court may not permit the action to be | 7 | | maintained as a class
action
pursuant to subsections (b) and | 8 | | (c).
| 9 | | (b) Determination of Class. As soon as practicable after | 10 | | the
commencement of an action brought as a class action, the | 11 | | court shall
determine by order whether it may be so maintained | 12 | | and describe those
whom the court finds to be members of the | 13 | | class. This order may be
conditional and may be amended before | 14 | | a decision on the merits.
| 15 | | (c)
(b) Class Action on Limited Issues and Sub-classes. | 16 | | When
appropriate, an action may be brought or maintained as a | 17 | | class action
with respect to particular issues, or divided | 18 | | into sub-classes and each
sub-class treated as a class. The | 19 | | provisions of this rule shall then be
construed and applied | 20 | | accordingly.
| 21 | | (Source: P.A. 82-280.)
| 22 | | (735 ILCS 5/2-803) (from Ch. 110, par. 2-803)
| 23 | | Sec. 2-803. Notice to class members.
| 24 | | (a) For any class certified under this Part 8, the court | 25 | | may direct
appropriate
notice to the class.
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| 1 | | (b) For any class certified under this Part 8, the court | 2 | | must direct to
class
members
the best notice practicable under | 3 | | the circumstances, including individual
notice to all
members | 4 | | who can be identified through reasonable effort. The notice | 5 | | must
concisely and
clearly state in plain, easily understood | 6 | | language:
| 7 | | (1) the nature of the action;
| 8 | | (2) the definition of the class certified;
| 9 | | (3) the class claims, issues, or defenses;
| 10 | | (4) that a class member may enter an appearance | 11 | | through counsel if the
member
so desires;
| 12 | | (5) that the court will exclude from the class any | 13 | | member who requests
exclusion,
with instructions stating | 14 | | when and how members may elect to be excluded; and
| 15 | | (6) the binding effect of a class judgment on class | 16 | | members under this
Part 8.
in class cases. Upon a | 17 | | determination that an action may be maintained as a
class | 18 | | action, or at any time during the
conduct of the action, | 19 | | the court in its discretion may order such notice
that it | 20 | | deems necessary to protect the interests of the class and | 21 | | the
parties.
| 22 | | An order entered under subsection (a) of Section 2-802
of | 23 | | this Act, determining
that an action may be maintained as a | 24 | | class action, may be conditioned
upon the giving of such | 25 | | notice as the court deems appropriate.
| 26 | | (Source: P.A. 83-707.)
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| 1 | | (735 ILCS 5/2-808 new) | 2 | | Sec. 2-808. Judicial scrutiny of coupon and other noncash | 3 | | settlements. The
court
may approve a proposed settlement under | 4 | | which the class members receive
coupons or other similar | 5 | | noncash benefits or would otherwise be required to
expend
| 6 | | funds to obtain part or all of the proposed benefits only after | 7 | | a
hearing to
determine whether, and making a written finding | 8 | | that, the settlement is fair,
reasonable,
and adequate for | 9 | | class members.
| 10 | | (735 ILCS 5/2-809 new) | 11 | | Sec. 2-809. Protection against loss by class members. The | 12 | | court may
approve a
proposed settlement under which any class | 13 | | member is obligated to pay sums to
class
counsel that would | 14 | | result in a net loss to the class member only if the court
| 15 | | makes a
written finding that the nonmonetary benefits to the | 16 | | class member outweigh the
monetary
loss.
| 17 | | (735 ILCS 5/2-810 new) | 18 | | Sec. 2-810. Attorney's fees. Any attorney representing | 19 | | any member or
members
of the plaintiff class in a class action | 20 | | may seek payment of attorney's fees
and costs
pursuant to a | 21 | | petition filed with the court. The court shall
make a
| 22 | | determination based on findings of fact that the amount | 23 | | awarded for attorney's
fees and
costs is reasonable and |
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| 1 | | commensurate with the benefits conferred upon the
members of
| 2 | | the class represented by the petitioners for
fees and
costs.
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