Amending New Jersey’s law governing the appeal-ability of class certifications has long been a priority of the New Jersey Civil Justice Institute because the current practice of allowing appeals only by permission of the court emphasizes economics over justice, and invites plaintiffs to file weak claims. A rule change permitting interlocutory appeal of class certification decisions would enhance the predictability and fairness of the judicial process, and increase the likelihood that courts reach decisions based on the merits of the cases before them.
At NJCJI’s request, the New Jersey Supreme Court Committee on Civil Practices has formed a subcommittee to consider changing court rules to allow for the interlocutory appeal of class action certifications as of right. The next report of the Committee will not be issued until early 2016, but the Committee is accepting comments on this year’s report, which announced the Committee’s decision to further study the appeal issue. We encourage you to let the Committee know you are pleased with its decision.
Bills establishing a right to appeal class certifications have been introduced during the past few legislative sessions at NJCJI’s encouragement. This session, Assemblyman Wisneiwski has introduced A2756, which would establish an immediate right to interlocutory appeal of certification decisions. Introduction of a companion bill in the Senate is forthcoming. Keep your eyes on your inbox for further updates.