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Class Action Reform

STATE

STATUTORY CITATION

PROVISIONS

U.S. Federal Legislation

28 U.S.C. §§ 1711 to 1715

Class Action Fairness Act of 2005 - Federal legislation that makes it easier to remove class action lawsuits from state court into federal court. The federal law then prescribes class action rules in great detail.

Alabama

Ala. Code § 6-5-641

Establishes procedures for certification of class action cases. (Including directing the court to establish a discovery schedule and conduct a hearing.)

Colorado

Colo. Rev. Stat. § 13-20-901

Permits interlocutory appeal of class action certification once application is made to the court of appeals within ten days of the district court's order.

Florida

Fla. Stat. § 768.733

Limits the amount of appeal bond for certified class actions.

Georgia

Ga. Code Ann. § 9-11-23

Establishes procedures to govern class actions including initiation, dismissal, transfer of structured settlements, notice and judgments

Kansas

Kan. Stat. Ann. § 60-223

Allows appeals court to permit an appeal from a district court order granting or denying class action certification if application is made within 10 days of entry

Kentucky

Louisiana

La. Code Civ. P. §§ 591-594, 596, 611

Establishes procedures to govern class actions including certification, notice, judgment, venue, dismissal and derivative actions.

Ohio

Ohio R. Civ. P. 23

Establishes procedures to govern class actions. Specifies circumstances under which an order granting or denying a provisional remedy is a final appealable order and specifying that an order that determines whether an action may be maintained as a class action is a final appealable order.

Oklahoma

Okla. Stat. tit. 5, § 7.1

Mandates an evidentiary hearing to determine fair and reasonable fees for attorneys acting in a fiduciary capacity on behalf of the class.

Texas

Tex. Civ. Prac. & Rem. Code §§ 26.001 to 26.003

Provides for the adoption of rules to regulate the award of attorney fees in class actions and requires trial courts to rule on whether state agencies have jurisdiction prior to certifying class actions.