102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0076

 

Introduced 2/3/2021, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
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 5/2-808 new
735 ILCS 5/2-809 new
735 ILCS 5/2-810 new

    Amends provisions of the Code of Civil Procedure pertaining 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

 

SB0076LRB102 05080 LNS 15099 b

1    AN ACT concerning civil procedure.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 2-801, 2-802, and 2-803 and by adding
6Sections 2-808, 2-809, and 2-810 as follows:
 
7    (735 ILCS 5/2-801)  (from Ch. 110, par. 2-801)
8    Sec. 2-801. Prerequisites for the maintenance of a class
9action.
10    (a) An action may be maintained as a class action only in
11the any court sitting in the county of this State in which: (i)
12the defendant's principal office is located; (ii) the
13plurality of class members who are Illinois residents reside;
14or (iii) the cause of action arose for the plurality of class
15members. and A party may sue or be sued as a representative
16party of the class only if the court finds:
17        (1) The class is so numerous that joinder of all
18    members is impracticable.
19        (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

 

 

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1    pertinent to the findings include: (A) the interest of
2    members of the class in individually controlling the
3    prosecution or defense of separate actions; (B) the extent
4    and nature of any litigation concerning the controversy
5    already commenced by or against members of the class; (C)
6    the desirability or undesirability of concentrating the
7    litigation of the claims in the particular forum; and (D)
8    the difficulties likely to be encountered in the
9    management of a class action.
10        (3) The representative parties will fairly and
11    adequately protect the interest of the class.
12        (4) The class action is an appropriate method for the
13    fair and efficient adjudication of the controversy.
14    (b) Notwithstanding the provisions of subsection (a), a
15class action may be certified only if the plurality of the
16class members are residents of this State or if the plurality
17of the class members were physically in this State when the
18cause of action arose.
19(Source: P.A. 82-280.)
 
20    (735 ILCS 5/2-802)  (from Ch. 110, par. 2-802)
21    Sec. 2-802. Order and findings relative to the class.
22    (a) Preliminary determinations. Before making any of the
23determinations set forth in subsections (b) and (c) of this
24Section, the court shall determine whether the action that has
25been brought as a class action has been commenced in the court

 

 

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1sitting in the county of this State in which: (i) the
2defendant's principal office is located; (ii) the plurality of
3class members who are Illinois residents reside; or (iii) the
4cause of action arose for the plurality of class members. If
5the court determines that the action has not been commenced in
6such a county, the court may not permit the action to be
7maintained as a class action pursuant to subsections (b) and
8(c).
9    (b) Determination of Class. As soon as practicable after
10the commencement of an action brought as a class action, the
11court shall determine by order whether it may be so maintained
12and describe those whom the court finds to be members of the
13class. This order may be conditional and may be amended before
14a decision on the merits.
15    (c) (b) Class Action on Limited Issues and Sub-classes.
16When appropriate, an action may be brought or maintained as a
17class action with respect to particular issues, or divided
18into sub-classes and each sub-class treated as a class. The
19provisions of this rule shall then be construed and applied
20accordingly.
21(Source: P.A. 82-280.)
 
22    (735 ILCS 5/2-803)  (from Ch. 110, par. 2-803)
23    Sec. 2-803. Notice to class members.
24    (a) For any class certified under this Part 8, the court
25may direct appropriate notice to the class.

 

 

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1    (b) For any class certified under this Part 8, the court
2must direct to class members the best notice practicable under
3the circumstances, including individual notice to all members
4who can be identified through reasonable effort. The notice
5must concisely and clearly state in plain, easily understood
6language:
7        (1) the nature of the action;
8        (2) the definition of the class certified;
9        (3) the class claims, issues, or defenses;
10        (4) that a class member may enter an appearance
11    through counsel if the member so desires;
12        (5) that the court will exclude from the class any
13    member who requests exclusion, with instructions stating
14    when and how members may elect to be excluded; and
15        (6) the binding effect of a class judgment on class
16    members under this Part 8. in class cases. Upon a
17    determination that an action may be maintained as a class
18    action, or at any time during the conduct of the action,
19    the court in its discretion may order such notice that it
20    deems necessary to protect the interests of the class and
21    the parties.
22    An order entered under subsection (a) of Section 2-802 of
23this Act, determining that an action may be maintained as a
24class action, may be conditioned upon the giving of such
25notice as the court deems appropriate.
26(Source: P.A. 83-707.)
 

 

 

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1    (735 ILCS 5/2-808 new)
2    Sec. 2-808. Judicial scrutiny of coupon and other noncash
3settlements. The court may approve a proposed settlement under
4which the class members receive coupons or other similar
5noncash benefits or would otherwise be required to expend
6funds to obtain part or all of the proposed benefits only after
7a hearing to determine whether, and making a written finding
8that, the settlement is fair, reasonable, and adequate for
9class members.
 
10    (735 ILCS 5/2-809 new)
11    Sec. 2-809. Protection against loss by class members. The
12court may approve a proposed settlement under which any class
13member is obligated to pay sums to class counsel that would
14result in a net loss to the class member only if the court
15makes a written finding that the nonmonetary benefits to the
16class member outweigh the monetary loss.
 
17    (735 ILCS 5/2-810 new)
18    Sec. 2-810. Attorney's fees. Any attorney representing
19any member or members of the plaintiff class in a class action
20may seek payment of attorney's fees and costs pursuant to a
21petition filed with the court. The court shall make a
22determination based on findings of fact that the amount
23awarded for attorney's fees and costs is reasonable and

 

 

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1commensurate with the benefits conferred upon the members of
2the class represented by the petitioners for fees and costs.