HB 418

Abstract

Civil actions filed on behalf of multiple persons; class actions. Provides that one or more members of a class may, as representative parties on behalf of all members, bring a civil action or may be proceeded against in a civil action, provided that (i) the class is so numerous that joinder of all members or proceeding with such actions on an individual basis is impracticable or contrary to judicial economy; (ii) there are questions of law or fact common to the class; (iii) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (iv) the representative parties shall fairly and adequately protect the interests of the class. The bill further sets out the procedure to certify a class action, the duties of counsel appointed in a class action, the various orders a court may issue during the course of a class action, and the process by which a settlement, voluntary dismissal, or compromise may occur. The bill has a delayed effective date of January 1, 2025, and is identical to SB 259.

Civil actions filed on behalf of multiple persons; class actions. Provides that one or more members of a class may, as representative parties on behalf of all members, bring a civil action or may be proceeded against in a civil action provided that (i) the class is so numerous that joinder of all members or proceeding with such actions on an individual basis is impracticable or contrary to judicial economy; (ii) there are questions of law or fact common to the class; (iii) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (iv) the representative parties shall fairly and adequately protect the interests of the class. The bill further sets out the procedure to certify a class action, the duties of counsel appointed in a class action, the various orders a court may issue during the course of a class action, and the process by which a settlement, voluntary dismissal, or compromise may occur. The bill has a delayed effective date of July 1, 2025.

Civil actions filed on behalf of multiple persons. Provides that a circuit court may enter an order certifying a classor joining, coordinating, consolidating, or transferring civil actionsupon finding that separate civil actions brought by a plaintiff onbehalf of multiple similarly situated persons involve common questionsof law or fact and arise out of the same transaction, occurrence,or series of transactions or occurrences. Under current law, suchorder is permitted only where six or more plaintiffs have filed suchactions. The bill further requires the Supreme Court of Virginia topromulgate rules governing such actions. The bill has a delayed effectivedate of January 1, 2025.