HF 1325

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; providing for interlocutory
appeal on the question of class certification in a
civil action; specifying required damages in order to
be a member of a class; proposing coding for new law
in Minnesota Statutes, chapter 540.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [540.19] CLASS ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Interlocutory appeal. new text end

new text begin A court's order
certifying a class or refusing to certify a class action is
appealable in the same manner as a final order to the Court of
Appeals. An appeal must be filed within 30 days of the order
certifying or refusing to certify the class. Pending appeal
under this subdivision, all discovery and other proceedings in
the district court are stayed during the pendency of the appeal
unless the Court of Appeals finds upon the motion of a party
that specific discovery is necessary to preserve evidence or
prevent undue prejudice to the party.
new text end

new text begin Subd. 2. new text end

new text begin Damage requirement to be class member. new text end

new text begin In order
to be a member of a class, an individual must have suffered an
ascertainable loss.
new text end

Sec. 2. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Section 1 is effective August 1, 2005, and applies to
actions commenced on or after that date.
new text end