On March 7, 2016, a bill was introduced in the New Jersey Senate that, if enacted, would dramatically alter class action litigation in New Jersey. The bill, S1845, would permit litigants to immediately appeal to the Appellate Division of the Superior Court judicial determinations as to the certification or decertification of a class of plaintiffs in a class action lawsuit. Such interlocutory appeals would be allowed as a matter of right. Under the existing system, a litigant who wishes to challenge a class certification determination must file a motion for leave to file an interlocutory appeal, which is rarely granted. If a motion for leave to appeal is not granted, the litigant is generally left with a choice between incurring the expense of litigating the matter to a final judgment or settling the case without the benefit of a judicial ruling. Several other states, including Connecticut, Florida, Ohio, Oklahoma, and Texas, currently permit interlocutory appeals of class certification determinations as of right.
