How HB449 changes current law

Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Code of Virginia: 8.01-267.10.

• 8.01-267.10

  A.

  Inserts “A.”.

• 8.01-267.10

  One or more members of a class may

  Inserts “One or more members of a class may”.

• 8.01-267.10

  , as representative parties on behalf of all members,

  Inserts “, as representative parties on behalf of all members,”.

• 8.01-267.10

  bring a civil action or may

  Inserts “bring a civil action or may”.

• 8.01-267.10

  be proceeded against in a civil action

  Inserts “be proceeded against in a civil action”.

• 8.01-267.10

  ,

  Inserts “,”.

• 8.01-267.10

  provided that

  Inserts “provided that”.

• 8.01-267.10

  :

  Inserts “:”.

• 8.01-267.10

  1. The class is so numerous that joinder of all members

  Inserts “1. The class is so numerous that joinder of all members”.

• 8.01-267.10

  is impracticable;

  Inserts “is impracticable;”.

• 8.01-267.10

  2. There are questions of law or fact common to the class;

  Inserts “2. There are questions of law or fact common to the class;”.

• 8.01-267.10

  3. The claims or defenses of the representative parties are typical of the claims or defenses of the class; and

  Inserts “3. The claims or defenses of the representative parties are typical of the claims or defenses of the class; and”.

• 8.01-267.10

  4. The representative parties shall fairly and adequately protect the interests of the class.

  Inserts “4. The representative parties shall fairly and adequately protect the interests of the class.”.

• 8.01-267.10

  B.

  Inserts “B.”.

• 8.01-267.10

  A

  Inserts “A”.

• 8.01-267.10

  n action may be certified as a class action

  Inserts “n action may be certified as a class action”.

• 8.01-267.10

  if

  Inserts “if”.

• 8.01-267.10

  all the requirements of subsection A are

  Inserts “all the requirements of subsection A are”.

• 8.01-267.10

  satisfied and

  Inserts “satisfied and”.

• 8.01-267.10

  if

  Inserts “if”.

• 8.01-267.10

  :

  Inserts “:”.

• 8.01-267.10

  1. Prosecuting

  Inserts “1. Prosecuting”.

• 8.01-267.10

  separate actions by or against individual class members would create a risk of (i) inconsistent or varying adjudications

  Inserts “separate actions by or against individual class members would create a risk of (i) inconsistent or varying adjudications”.

• 8.01-267.10

  of individual class members that would establish incompatible standards of conduct for the opposing party or

  Inserts “of individual class members that would establish incompatible standards of conduct for the opposing party or”.

• 8.01-267.10

  (ii) adjudications

  Inserts “(ii) adjudications”.

• 8.01-267.10

  of individual class members that, as a practical matter, would be dispositive of the interests of the other members

  Inserts “of individual class members that, as a practical matter, would be dispositive of the interests of the other members”.

• 8.01-267.10

  that

  Inserts “that”.

• 8.01-267.10

  are

  Inserts “are”.

• 8.01-267.10

  not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests

  Inserts “not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests”.

• 8.01-267.10

  ;

  Inserts “;”.

• 8.01-267.10

  2. The party opposing the class has acted or refused to act on grounds that apply generally to the class, so that the final injunctive relief or corresponding declaratory relief is appropriate to the class as a whole; or

  Inserts “2. The party opposing the class has acted or refused to act on grounds that apply generally to the class, so that the final injunctive relief or corresponding declaratory relief is appropriate to the class as a whole; or”.

• 8.01-267.10

  3. The court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy.

  Inserts “3. The court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy.”.

• 8.01-267.10

  In making this finding, the court may consider (i) the class members' interests in individually controlling the prosecution or defense of separate actions

  Inserts “In making this finding, the court may consider (i) the class members' interests in individually controlling the prosecution or defense of separate actions”.

• 8.01-267.10

  ,

  Inserts “,”.

• 8.01-267.10

  (ii) the extent and nature of any litigation concerning the controversy already begun by or against class members

  Inserts “(ii) the extent and nature of any litigation concerning the controversy already begun by or against class members”.

• 8.01-267.10

  ,

  Inserts “,”.

• 8.01-267.10

  (iii) the desirability or undesirability of concentrating the litigation of the claims in a particular forum

  Inserts “(iii) the desirability or undesirability of concentrating the litigation of the claims in a particular forum”.

• 8.01-267.10

  ,

  Inserts “,”.

• 8.01-267.10

  (iv) the likely difficulties in managing a class action

  Inserts “(iv) the likely difficulties in managing a class action”.

• 8.01-267.10

  ,

  Inserts “,”.