New York Court certifies class in NYCLU lawsuit

BY David Carroll on Thursday, January 6, 2011 at 12:00 AM

On May 6, 2010, we reported that New York’s Highest Court allowed the NYCLU lawsuit to proceed.  Two months later a trial court judge ruled that the class could not be certified, making the lawsuit potentially more difficult to pursue.  On January 6, 2011, an appellate court overturned that decision and certified the class, noting “denial of class certification gives rise to the possibility of multiple lawsuits involving duplicative claims of those asserted in this action and inconsistent rulings by various courts in the state.”  The ruling paves the way for the case to proceed to trial, as an appeal to the Court of Appeals is viewed as highly unlikely.