SB 259

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 HB 418.

Civil actions filed on behalf of multiple persons;award of damages in action for employer retaliation. Providesthat on a motion of any party, a circuit court may enter an ordercertifying a class or joining, coordinating, consolidating, or transferringcivil actions upon finding that separate civil actions brought bya plaintiff on behalf of multiple similarly situated persons involvecommon questions of law or fact and arise out of the same transactionor occurrence. Currently, the circuit court may enter such orderfor such separate civil actions if such actions are brought by sixor more plaintiffs. The bill alsoprovides that in a civil action for retaliation of an employer againstan employee, the court or jury may order the reinstatement of theemployee to a similar or equivalent position and compensation forlost wages, benefits, and remuneration, as well as reasonable attorneyfees and costs, and may award treble damages upon a finding thatsuch act of retaliation by an employer against an employee was willful. The bill directs the Supreme Court of Virginiato promulgate rules no later than November 1, 2024, governing the certification of a class or the joining, coordinating, consolidating,or transferring of civil actions filed on behalf of multiple persons.The bill has a delayed effective date of January 1, 2025.