On May 23, 2012, partner and head of the Firm’s Governmental Affairs Group, Mary Kay Roberts, was quoted in a Law360 article regarding recently proposed legislation seeking to give defendants in class action suits the ability to immediately appeal certification decisions.
The proposed legislation covers certifications granted in state courts and, according to some, provides the defense an opportunity to avoid the damages and time associated with class actions.
Mary Kay cites the practical implication the new legislation will have on the amount of time typical class action suits take. She notes, “Defendants are essentially held hostage by the length of the class action process and will now be afforded an opportunity to challenge the class sooner rather than later in the process.”
If approved, New Jersey would become the sixth state to allow such immediate certification appeals.
