Full Text of HB4980 94th General Assembly
HB4980 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4980
Introduced 1/20/2006, by Rep. Sandra M. Pihos SYNOPSIS AS INTRODUCED: |
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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 5/2-807 new |
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735 ILCS 5/2-808 new |
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735 ILCS 5/2-809 new |
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Amends the Code of Civil Procedure in relation 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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HB4980 |
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LRB094 16086 AJO 51323 b |
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| AN ACT concerning civil procedure.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing
Sections 2-801, 2-802, and 2-803 and adding Sections | 6 |
| 2-807, 2-808, and 2-809
as follows:
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| (735 ILCS 5/2-801) (from Ch. 110, par. 2-801)
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| Sec. 2-801. Prerequisites for the maintenance of a class | 9 |
| action.
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| (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 plurality
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| of class members
who are Illinois residents reside, or (iii) | 14 |
| the cause of action arose for the
plurality of class
members.
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| and A party may sue or be sued as a representative party of the | 16 |
| class
only if the court finds:
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| (1) The class is so numerous that joinder of all | 18 |
| members is
impracticable.
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| (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 | 24 |
| pertinent to the findings include:
(A) the
interest of | 25 |
| members of the class in individually controlling the | 26 |
| prosecution or
defense of
separate actions; (B) the extent | 27 |
| and nature of any litigation concerning the
controversy
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| already commenced by or against members of the class; (C) | 29 |
| the desirability or
undesirability of concentrating the | 30 |
| litigation of the claims in the particular
forum; (D) the
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| difficulties likely to be encountered in the management of | 32 |
| a class action .
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HB4980 |
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LRB094 16086 AJO 51323 b |
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| (3) The representative parties will fairly and | 2 |
| adequately protect
the interest of the class.
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| (4) The class action is an appropriate method for the | 4 |
| fair and
efficient adjudication of the controversy.
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| (b) Notwithstanding the provisions of subsection (a), a | 6 |
| class action may
be
certified only
if the plurality of the | 7 |
| class members are residents of Illinois or if the
plurality of | 8 |
| the class
members were physically in Illinois when the cause of | 9 |
| action arose.
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| (Source: P.A. 82-280.)
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| (735 ILCS 5/2-802) (from Ch. 110, par. 2-802)
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| Sec. 2-802. Order and findings relative to the class.
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| (a) Preliminary determinations. Before making any of the | 14 |
| determinations
set
forth
in
subsections (b) and (c), the court | 15 |
| shall determine whether the action which has
been
brought as a | 16 |
| class action has been commenced in the court sitting in the | 17 |
| County
of this
State in which (i) the defendant's principal | 18 |
| office is located, (ii) the
plurality of class
members who are | 19 |
| Illinois residents reside, or (iii) the cause of action arose
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| for the
plurality of class members, and, if the court | 21 |
| determines that it has not been
commenced in
such county, the | 22 |
| court may not permit the action to be maintained as a class
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| action
pursuant to subsections (b) and (c).
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| (b) Determination of Class. As soon as practicable after | 25 |
| the
commencement of an action brought as a class action, the | 26 |
| court shall
determine by order whether it may be so maintained | 27 |
| and describe those
whom the court finds to be members of the | 28 |
| class. This order may be
conditional and may be amended before | 29 |
| a decision on the merits.
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| (c)
(b) Class Action on Limited Issues and Sub-classes. | 31 |
| When
appropriate, an action may be brought or maintained as a | 32 |
| class action
with respect to particular issues, or divided into | 33 |
| sub-classes and each
sub-class treated as a class. The | 34 |
| provisions of this rule shall then be
construed and applied | 35 |
| accordingly.
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LRB094 16086 AJO 51323 b |
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| (Source: P.A. 82-280.)
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| (735 ILCS 5/2-803) (from Ch. 110, par. 2-803)
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| Sec. 2-803. Notice to class members.
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| (a) For any class certified under this Part 8, the court | 5 |
| may direct
appropriate
notice to the class.
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| (b) For any class certified under this Part 8, the court | 7 |
| must direct to
class
members
the best notice practicable under | 8 |
| the circumstances, including individual
notice to all
members | 9 |
| who can be identified through reasonable effort. The notice | 10 |
| must
concisely and
clearly state in plain, easily understood | 11 |
| language:
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| (1) the nature of the action;
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| (2) the definition of the class certified;
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| (3) the class claims, issues, or defenses;
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| (4) that a class member may enter an appearance through | 16 |
| counsel if the
member
so desires;
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| (5) that the court will exclude from the class any | 18 |
| member who requests
exclusion,
stating when and how members | 19 |
| may elect to be excluded; and
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| (6) the binding effect of a class judgment on class | 21 |
| members under this
Part 8.
in class cases. Upon a | 22 |
| determination that an action may be maintained as a
class | 23 |
| action, or at any time during the
conduct of the action, | 24 |
| the court in its discretion may order such notice
that it | 25 |
| deems necessary to protect the interests of the class and | 26 |
| the
parties.
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| An order entered under subsection (a) of Section 2-802
of | 28 |
| this Act, determining
that an action may be maintained as a | 29 |
| class action, may be conditioned
upon the giving of such notice | 30 |
| as the court deems appropriate.
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| (Source: P.A. 83-707.)
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| (735 ILCS 5/2-807 new)
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| Sec. 2-807. Judicial scrutiny of coupon and other noncash | 34 |
| settlements. The
court
may approve a proposed settlement under |
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| which the class members would receive
coupons or other similar | 2 |
| noncash benefits or would otherwise be required to
expend
funds | 3 |
| to obtain part or all of the proposed benefits only after a
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| hearing to
determine whether, and making a written finding | 5 |
| that, the settlement is fair,
reasonable,
and adequate for | 6 |
| class members.
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| (735 ILCS 5/2-808 new)
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| Sec. 2-808. Protection against loss by class members. The | 9 |
| court may
approve a
proposed settlement under which any class | 10 |
| member is obligated to pay sums to
class
counsel that would | 11 |
| result in a net loss to the class member only if the court
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| makes a
written finding that nonmonetary benefits to the class | 13 |
| member outweigh the
monetary
loss.
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| (735 ILCS 5/2-809 new)
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| Sec. 2-809. Attorney's fees. Any attorney representing any | 16 |
| member or
members
of the plaintiff class in a class action may | 17 |
| seek payment of attorney's fees
and costs
pursuant to a | 18 |
| petition filed with the court of jurisdiction. The court shall
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| make a
determination based on findings of fact that the amount | 20 |
| awarded for attorney's
fees and
costs is reasonable and | 21 |
| commensurate with the benefits conferred upon the
members of
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| the class represented by the attorney or attorneys who are the | 23 |
| petitioners for
fees and
costs.
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