US Codex
U.S.C.
Notes

§6602. Definitions — Inbound Citations

15 U.S.C. § 6602

Cited by 140 provisions in release 119-102.

Citations to §6602(1)

  • 15 U.S.C. § 6603(a)
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    (a) This chapter applies to any Y2K action brought after January 1, 1999, for a Y2K failure occurring before January 1, 2003, or for a potential Y2K failure that could occur or has allegedly caused harm or injury before January 1, 2003, including any appeal, remand, stay, or other judicial, administrative, or alternative dispute resolution proceeding in such an action.
  • 15 U.S.C. § 6603(d)(1)
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    (1) Subject to paragraph (2), in any Y2K action any written contractual term, including a limitation or an exclusion of liability, or a disclaimer of warranty, shall be strictly enforced unless the enforcement of that term would manifestly and directly contravene applicable State law embodied in any statute in effect on January 1, 1999, specifically addressing that term.
  • 15 U.S.C. § 6603(d)(2)
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    (2) In any Y2K action in which a contract to which paragraph (1) applies is silent as to a particular issue, the interpretation of the contract as to that issue shall be determined by applicable law in effect at the time the contract was executed.
  • 15 U.S.C. § 6603(d)(3)
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    (3) Nothing in paragraph (1) shall prevent enforcement of State law doctrines of unconscionability, including adhesion, recognized as of January 1, 1999, in controlling judicial precedent by the courts of the State whose law applies to the Y2K action.
  • 15 U.S.C. § 6603(e)
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    (e) This chapter supersedes State law to the extent that it establishes a rule of law applicable to a Y2K action that is inconsistent with State law, but nothing in this chapter implicates, alters, or diminishes the ability of a State to defend itself against any claim on the basis of sovereign immunity.
  • 15 U.S.C. § 6603(i)
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    (i) In any Y2K action in which the underlying claim arises under the securities laws (as defined in section 78c(a) of this title), the provisions of this chapter, other than section 6612(b) of this title, shall not apply.
  • 15 U.S.C. § 6604(a)
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    (a) In any Y2K action in which punitive damages are permitted by applicable law, the defendant shall not be liable for punitive damages unless the plaintiff proves by clear and convincing evidence that the applicable standard for awarding damages has been met.
  • 15 U.S.C. § 6604(b)(1)
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    (1) Subject to the evidentiary standard established by subsection (a), punitive damages permitted under applicable law against a defendant described in paragraph (2) in a Y2K action may not exceed the lesser of—
    (A) three times the amount awarded for compensatory damages; or
    (B) $250,000.
  • 15 U.S.C. § 6604(c)
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    (c) Punitive damages in a Y2K action may not be awarded against a government entity.
  • 15 U.S.C. § 6604(d)(1)
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    (1) Subject to paragraph (2), punitive damages in a Y2K action may not be awarded against an instituion1 of higher education as defined in section 1001(a) of title 20.
  • 15 U.S.C. § 6604(d)(2)
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    (2) Paragraph (1) shall not apply to an institution of higher education if the Y2K failure in the Y2K action occurred in a computer-based student financial aid system of that institution of higher education, and the institution—
    (A) has passed Y2K data exchange testing with the Department of Education; or
    (B) is not or was not in the process of performing data exchange testing with the Department of Education at the time the Department terminates such testing.
  • 15 U.S.C. § 6605(a)
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    (a) Except in a Y2K action that is a contract action, and except as provided in subsections (b) through (g), a person against whom a final judgment is entered in a Y2K action shall be liable solely for the portion of the judgment that corresponds to the relative and proportionate responsibility of that person. In determining the percentage of responsibility of any defendant, the trier of fact shall determine that percentage as a percentage of the total fault of all persons, including the plaintiff, who caused or contributed to the total loss incurred by the plaintiff.
  • 15 U.S.C. § 6605(b)(1)
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    (1) In any Y2K action that is not a contract action, the court shall instruct the jury to answer special interrogatories, or, if there is no jury, the court shall make findings with respect to each defendant, including defendants who have entered into settlements with the plaintiff or plaintiffs, concerning—
    (A) the percentage of responsibility, if any, of each defendant, measured as a percentage of the total fault of all persons who caused or contributed to the loss incurred by the plaintiff; and
    (B) if alleged by the plaintiff, whether the defendant (other than a defendant who has entered into a settlement agreement with the plaintiff)—
    (i) acted with specific intent to injure the plaintiff; or
    (ii) knowingly committed fraud.
  • 15 U.S.C. § 6605(c)(1)
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    (1) Notwithstanding subsection (a), the liability of a defendant in a Y2K action that is not a contract action is joint and several if the trier of fact specifically determines that the defendant—
    (A) acted with specific intent to injure the plaintiff; or
    (B) knowingly committed fraud.
  • 15 U.S.C. § 6605(d)(1)(A)
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    (A) Notwithstanding subsection (a), if, upon motion made not later than 6 months after a final judgment is entered in any Y2K action that is not a contract action, the court determines that all or part of the share of the judgment against a defendant for compensatory damages is not collectible against that defendant, then each other defendant in the action is liable for the uncollectible share as follows:
    (i) The other defendants are jointly and severally liable for the uncollectible share if the plaintiff establishes that—
    (I) the plaintiff is an individual whose recoverable damages under the final judgment are equal to more than 10 percent of the net worth of the plaintiff; and
    (II) the net worth of the plaintiff is less than $200,000.
    (ii) For a plaintiff not described in clause (i), each of the other defendants is liable for the uncollectible share in proportion to the percentage of responsibility of that defendant.
    (iii) For a plaintiff not described in clause (i), in addition to the share identified in clause (ii), the defendant is liable for an additional portion of the uncollectible share in an amount equal to 50 percent of the amount determined under clause (ii) if the plaintiff demonstrates by a preponderance of the evidence that the defendant acted with reckless disregard for the likelihood that its acts would cause injury of the sort suffered by the plaintiff.
  • 15 U.S.C. § 6605(e)(1)
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    (1) A defendant who settles a Y2K action that is not a contract action at any time before final verdict or judgment shall be discharged from all claims for contribution brought by other persons. Upon entry of the settlement by the court, the court shall enter an order constituting the final discharge of all obligations to the plaintiff of the settling defendant arising out of the action. The order shall bar all future claims for contribution arising out of the action—
    (A) by any person against the settling defendant; and
    (B) by the settling defendant against any person other than a person whose liability has been extinguished by the settlement of the settling defendant.
  • 15 U.S.C. § 6605(f)(1)
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    (1) A defendant who is jointly and severally liable for damages in any Y2K action that is not a contract action may recover contribution from any other person who, if joined in the original action, would have been liable for the same damages. A claim for contribution shall be determined based on the percentage of responsibility of the claimant and of each person against whom a claim for contribution is made.
  • 15 U.S.C. § 6605(f)(2)
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    (2) An action for contribution in connection with a Y2K action that is not a contract action shall be brought not later than 6 months after the entry of a final, nonappealable judgment in the Y2K action, except that an action for contribution brought by a defendant who was required to make an additional payment under subsection (d)(1) may be brought not later than 6 months after the date on which such payment was made.
  • 15 U.S.C. § 6605(g)(1)
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    (1) limits the liability of a defendant in a Y2K action to a lesser amount than the amount determined under this section; or
  • 15 U.S.C. § 6606(a)
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    (a) Before commencing a Y2K action, except an action that seeks only injunctive relief, a prospective plaintiff in a Y2K action shall send a written notice by certified mail (with either return receipt requested or other means of verification that the notice was sent) to each prospective defendant in that action. The notice shall provide specific and detailed information about—
    (1) the manifestations of any material defect alleged to have caused harm or loss;
    (2) the harm or loss allegedly suffered by the prospective plaintiff;
    (3) how the prospective plaintiff would like the prospective defendant to remedy the problem;
    (4) the basis upon which the prospective plaintiff seeks that remedy; and
    (5) the name, title, address, and telephone number of any individual who has authority to negotiate a resolution of the dispute on behalf of the prospective plaintiff.
  • 15 U.S.C. § 6606(e)(3)
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    (3) Except as provided in paragraph (2), a defendant in a Y2K action is entitled to no more than one 30-day period and one 60-day remediation period under paragraph (1).
  • 15 U.S.C. § 6606(e)(4)
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    (4) Any applicable statute of limitations or doctrine of laches in a Y2K action to which paragraph (1) applies shall be tolled during the notice and remediation period under that paragraph.
  • 15 U.S.C. § 6606(f)
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    (f) If a defendant determines that a plaintiff has filed a Y2K action without providing the notice specified in subsection (a) or without awaiting the expiration of the appropriate waiting period specified in subsection (c), the defendant may treat the plaintiff’s complaint as such a notice by so informing the court and the plaintiff in its initial response to the plaintiff. If any defendant elects to treat the complaint as such a notice—
    (1) the court shall stay all discovery and all other proceedings in the action for the appropriate period after filing of the complaint; and
    (2) the time for filing answers and all other pleadings shall be tolled during the appropriate period.
  • 15 U.S.C. § 6606(h)
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    (h) Nothing in this section supersedes or otherwise preempts any State law or rule of civil procedure with respect to the use of alternative dispute resolution for Y2K actions.
  • 15 U.S.C. § 6606(j)
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    (j) For the purpose of applying this section to a Y2K action that is maintained as a class action in Federal or State court, the requirements of the preceding subsections of this section apply only to named plaintiffs in the class action.
  • 15 U.S.C. § 6607(a)
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    (a) This section applies exclusively to Y2K actions and, except to the extent that this section requires additional information to be contained in or attached to pleadings, nothing in this section is intended to amend or otherwise supersede applicable rules of Federal or State civil procedure.
  • 15 U.S.C. § 6607(b)
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    (b) In all Y2K actions in which damages are requested, there shall be filed with the complaint a statement of specific information as to the nature and amount of each element of damages and the factual basis for the damages calculation.
  • 15 U.S.C. § 6607(c)
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    (c) In any Y2K action in which the plaintiff alleges that there is a material defect in a product or service, there shall be filed with the complaint a statement of specific information regarding the manifestations of the material defects and the facts supporting a conclusion that the defects are material.
  • 15 U.S.C. § 6607(d)
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    (d) In any Y2K action in which a claim is asserted on which the plaintiff may prevail only on proof that the defendant acted with a particular state of mind, there shall be filed with the complaint, with respect to each element of that claim, a statement of the facts giving rise to a strong inference that the defendant acted with the required state of mind.
  • 15 U.S.C. § 6608(a)
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    (a) Damages awarded in any Y2K action shall exclude compensation for damages the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably should have been, aware, including information made available by the defendant to purchasers or users of the defendant’s product or services concerning means of remedying or avoiding the Y2K failure involved in the action.
  • 15 U.S.C. § 6609
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    In any Y2K action for breach or repudiation of contract, the applicability of the doctrines of impossibility and commercial impracticability shall be determined by the law in existence on January 1, 1999. Nothing in this chapter shall be construed as limiting or impairing a party’s right to assert defenses based upon such doctrines.
  • 15 U.S.C. § 6610
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    In any Y2K action for breach or repudiation of contract, no party may claim, or be awarded, any category of damages unless such damages are allowed—
  • 15 U.S.C. § 6611(a)
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    (a) A party to a Y2K action making a tort claim, other than a claim of intentional tort arising independent of a contract, may not recover damages for economic loss unless—
    (1) the recovery of such losses is provided for in a contract to which the party seeking to recover such losses is a party; or
    (2) such losses result directly from damage to tangible personal or real property caused by the Y2K failure involved in the action (other than damage to property that is the subject of the contract between the parties to the Y2K action or, in the event there is no contract between the parties, other than damage caused only to the property that experienced the Y2K failure),
    and such damages are permitted under applicable Federal or State law.
  • 15 U.S.C. § 6611(a)(2)
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    (2) such losses result directly from damage to tangible personal or real property caused by the Y2K failure involved in the action (other than damage to property that is the subject of the contract between the parties to the Y2K action or, in the event there is no contract between the parties, other than damage caused only to the property that experienced the Y2K failure),
  • 15 U.S.C. § 6611(b)
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    (b) For purposes of this section only, and except as otherwise specifically provided in a valid and enforceable written contract between the plaintiff and the defendant in a Y2K action, the term “economic loss” means amounts awarded to compensate an injured party for any loss, and includes amounts awarded for damages such as—
    (1) lost profits or sales;
    (2) business interruption;
    (3) losses indirectly suffered as a result of the defendant’s wrongful act or omission;
    (4) losses that arise because of the claims of third parties;
    (5) losses that must be pled as special damages; and
    (6) consequential damages (as defined in the Uniform Commercial Code or analogous State commercial law).
  • 15 U.S.C. § 6612(a)
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    (a) In a Y2K action other than a claim for breach or repudiation of contract, and in which the defendant’s actual or constructive awareness of an actual or potential Y2K failure is an element of the claim, the defendant is not liable unless the plaintiff establishes that element of the claim by the standard of evidence under applicable State law in effect on the day before January 1, 1999.
  • 15 U.S.C. § 6612(b)(1)
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    (1) With respect to any Y2K action for money damages in which—
    (A) the defendant is not the manufacturer, seller, or distributor of a product, or the provider of a service, that suffers or causes the Y2K failure at issue;
    (B) the plaintiff is not in substantial privity with the defendant; and
    (C) the defendant’s actual or constructive awareness of an actual or potential Y2K failure is an element of the claim under applicable law,
    the defendant shall not be liable unless the plaintiff, in addition to establishing all other requisite elements of the claim, proves, by the standard of evidence under applicable State law in effect on the day before January 1, 1999, that the defendant actually knew, or recklessly disregarded a known and substantial risk, that such failure would occur.
  • 15 U.S.C. § 6612(b)(2)
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    (2) For purposes of paragraph (1)(B), a plaintiff and a defendant are in substantial privity when, in a Y2K action arising out of the performance of professional services, the plaintiff and the defendant either have contractual relations with one another or the plaintiff is a person who, prior to the defendant’s performance of such services, was specifically identified to and acknowledged by the defendant as a person for whose special benefit the services were being performed.
  • 15 U.S.C. § 6612(c)
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    (c) The fact that a Y2K failure occurred in an entity, facility, system, product, or component that was sold, leased, rented, or otherwise within the control of the party against whom a claim is asserted in a Y2K action shall not constitute the sole basis for recovery of damages in that action. A claim in a Y2K action for breach or repudiation of contract for such a failure is governed by the terms of the contract.
  • 15 U.S.C. § 6612(d)
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    (d) The protections for the exchanges of information provided by section 4 of the Year 2000 Information and Readiness Disclosure Act (Public Law 105–271) shall apply to any Y2K action.
  • 15 U.S.C. § 6613
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    Any district court of the United States in which a Y2K action is pending may appoint a special master or a magistrate judge to hear the matter and to make findings of fact and conclusions of law in accordance with Rule 53 of the Federal Rules of Civil Procedure.
  • 15 U.S.C. § 6614(a)
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    (a) A Y2K action involving a claim that a product or service is defective may be maintained as a class action in Federal or State court as to that claim only if—
    (1) it satisfies all other prerequisites established by applicable Federal or State law, including applicable rules of civil procedure; and
    (2) the court finds that the defect in a product or service as alleged would be a material defect for the majority of the members of the class.
  • 15 U.S.C. § 6614(b)
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    (b) In any Y2K action that is maintained as a class action, the court, in addition to any other notice required by applicable Federal or State law, shall direct notice of the action to each member of the class, which shall include—
    (1) a concise and clear description of the nature of the action;
    (2) the jurisdiction where the case is pending; and
    (3) the fee arrangements with class counsel, including the hourly fee being charged, or, if it is a contingency fee, the percentage of the final award which will be paid, including an estimate of the total amount that would be paid if the requested damages were to be granted.
  • 15 U.S.C. § 6614(c)(1)
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    (1) Except as provided in paragraph (2), the district courts of the United States shall have original jurisdiction of any Y2K action that is brought as a class action.
  • 15 U.S.C. § 6614(c)(2)
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    (2) The district courts of the United States shall not have original jurisdiction over a Y2K action brought as a class action if—
    (i) a substantial majority of the members of the proposed plaintiff class are citizens of a single State;
    (ii) the primary defendants are citizens of that State; and
    (iii) the claims asserted will be governed primarily by the laws of that State;
    (B) the primary defendants are States, State officials, or other governmental entities against whom the district courts of the United States may be foreclosed from ordering relief;
    (C) the plaintiff class does not seek an award of punitive damages, and the amount in controversy is less than the sum of $10,000,000 (exclusive of interest and costs), computed on the basis of all claims to be determined in the action; or
    (D) there are less than 100 members of the proposed plaintiff class.
    A party urging that any exception described in subparagraph (A), (B), (C), or (D) applies to an action shall bear the full burden of demonstrating the applicability of the exception.
  • 15 U.S.C. § 6614(c)(3)(A)
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    (A) A United States district court shall dismiss, or, if after removal, strike the class allegations and remand, any Y2K action brought or removed under this subsection as a class action if—
    (i) the action is subject to the jurisdiction of the court solely under this subsection; and
    (ii) the court determines the action may not proceed as a class action based on a failure to satisfy the conditions of Rule 23 of the Federal Rules of Civil Procedure.
  • 15 U.S.C. § 6614(c)(3)(D)
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    (D) The dismissal of a Y2K action under subparagraph (A) shall be without prejudice.
  • 15 U.S.C. § 6615
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    Nothing in this chapter shall be construed to affect the applicability of any State law that provides stricter limits on damages and liabilities, affording greater protection to defendants in Y2K actions, than are provided in this chapter.
  • 15 U.S.C. § 6616
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    Any party to a Y2K action in a State court in a State that has not adopted a rule of evidence substantially similar to Rule 704 of the Federal Rules of Evidence may introduce in such action evidence that would be admissible if Rule 704 applied in that jurisdiction.

Citations to §6602(1)(C)

Citations to §6602(2)

Citations to §6602(3)

Citations to §6602(4)

Citations to §6602(5)

Citations to §6602(6)

  • 15 U.S.C. § 6603(b)
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    (b) Nothing in this chapter creates a new cause of action, and, except as otherwise explicitly provided in this chapter, nothing in this chapter expands any liability otherwise imposed or limits any defense otherwise available under Federal or State law.
  • 15 U.S.C. § 6603(d)(1)
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    (1) Subject to paragraph (2), in any Y2K action any written contractual term, including a limitation or an exclusion of liability, or a disclaimer of warranty, shall be strictly enforced unless the enforcement of that term would manifestly and directly contravene applicable State law embodied in any statute in effect on January 1, 1999, specifically addressing that term.
  • 15 U.S.C. § 6603(d)(3)
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    (3) Nothing in paragraph (1) shall prevent enforcement of State law doctrines of unconscionability, including adhesion, recognized as of January 1, 1999, in controlling judicial precedent by the courts of the State whose law applies to the Y2K action.
  • 15 U.S.C. § 6603(e)
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    (e) This chapter supersedes State law to the extent that it establishes a rule of law applicable to a Y2K action that is inconsistent with State law, but nothing in this chapter implicates, alters, or diminishes the ability of a State to defend itself against any claim on the basis of sovereign immunity.
  • 15 U.S.C. § 6603(g)(2)(A)(i)
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    (i) The term “defendant” includes a State or local government.
  • 15 U.S.C. § 6603(g)(2)(A)(ii)
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    (ii) The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
  • 15 U.S.C. § 6603(g)(2)(A)(iii)(I)
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    (I) any county, city, town, township, parish, village, or other general purpose political subdivision of a State; and
  • 15 U.S.C. § 6605(g)
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    (g) Nothing in this section preempts or supersedes any provision of State law that—
    (1) limits the liability of a defendant in a Y2K action to a lesser amount than the amount determined under this section; or
    (2) otherwise affords a greater degree of protection from joint or several liability than is afforded by this section.
  • 15 U.S.C. § 6606(c)(2)
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    (2) The written statement shall state whether the prospective defendant is willing to engage in alternative dispute resolution.
  • 15 U.S.C. § 6606(c)(3)
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    (3) A written statement required by this subsection is not admissible in evidence, under Rule 408 of the Federal Rules of Evidence or any analogous rule of evidence in any State, in any proceeding to prove liability for, or the invalidity of, a claim or its amount, or otherwise as evidence of conduct or statements made in compromise negotiations.
  • 15 U.S.C. § 6606(h)
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    (h) Nothing in this section supersedes or otherwise preempts any State law or rule of civil procedure with respect to the use of alternative dispute resolution for Y2K actions.
  • 15 U.S.C. § 6606(i)
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    (i) Nothing in this section interferes with the right of a litigant to provisional remedies otherwise available under Rule 65 of the Federal Rules of Civil Procedure or any State rule of civil procedure providing extraordinary or provisional remedies in any civil action in which the underlying complaint seeks both injunctive and monetary relief.
  • 15 U.S.C. § 6606(j)
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    (j) For the purpose of applying this section to a Y2K action that is maintained as a class action in Federal or State court, the requirements of the preceding subsections of this section apply only to named plaintiffs in the class action.
  • 15 U.S.C. § 6607(a)
    Go to provision →
    (a) This section applies exclusively to Y2K actions and, except to the extent that this section requires additional information to be contained in or attached to pleadings, nothing in this section is intended to amend or otherwise supersede applicable rules of Federal or State civil procedure.
  • 15 U.S.C. § 6607(d)
    Go to provision →
    (d) In any Y2K action in which a claim is asserted on which the plaintiff may prevail only on proof that the defendant acted with a particular state of mind, there shall be filed with the complaint, with respect to each element of that claim, a statement of the facts giving rise to a strong inference that the defendant acted with the required state of mind.
  • 15 U.S.C. § 6608(b)
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    (b) The duty imposed by this section is in addition to any duty to mitigate imposed by State law.
  • 15 U.S.C. § 6610(2)
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    (2) if the contract is silent on such damages, by operation of State law at the time the contract was effective or by operation of Federal law.
  • 15 U.S.C. § 6611(a)
    Go to provision →
    (a) A party to a Y2K action making a tort claim, other than a claim of intentional tort arising independent of a contract, may not recover damages for economic loss unless—
    (1) the recovery of such losses is provided for in a contract to which the party seeking to recover such losses is a party; or
    (2) such losses result directly from damage to tangible personal or real property caused by the Y2K failure involved in the action (other than damage to property that is the subject of the contract between the parties to the Y2K action or, in the event there is no contract between the parties, other than damage caused only to the property that experienced the Y2K failure),
    and such damages are permitted under applicable Federal or State law.
  • 15 U.S.C. § 6611(b)(6)
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    (6) consequential damages (as defined in the Uniform Commercial Code or analogous State commercial law).
  • 15 U.S.C. § 6611(c)
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    (c) A person liable for damages, whether by settlement or judgment, in a civil action to which this chapter does not apply because of section 6603(c) of this title whose liability, in whole or in part, is the result of a Y2K failure may, notwithstanding any other provision of this chapter, pursue any remedy otherwise available under Federal or State law against the person responsible for that Y2K failure to the extent of recovering the amount of those damages.
  • 15 U.S.C. § 6612(a)
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    (a) In a Y2K action other than a claim for breach or repudiation of contract, and in which the defendant’s actual or constructive awareness of an actual or potential Y2K failure is an element of the claim, the defendant is not liable unless the plaintiff establishes that element of the claim by the standard of evidence under applicable State law in effect on the day before January 1, 1999.
  • 15 U.S.C. § 6612(b)(1)
    Go to provision →
    (1) With respect to any Y2K action for money damages in which—
    (A) the defendant is not the manufacturer, seller, or distributor of a product, or the provider of a service, that suffers or causes the Y2K failure at issue;
    (B) the plaintiff is not in substantial privity with the defendant; and
    (C) the defendant’s actual or constructive awareness of an actual or potential Y2K failure is an element of the claim under applicable law,
    the defendant shall not be liable unless the plaintiff, in addition to establishing all other requisite elements of the claim, proves, by the standard of evidence under applicable State law in effect on the day before January 1, 1999, that the defendant actually knew, or recklessly disregarded a known and substantial risk, that such failure would occur.
  • 15 U.S.C. § 6614(a)
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    (a) A Y2K action involving a claim that a product or service is defective may be maintained as a class action in Federal or State court as to that claim only if—
    (1) it satisfies all other prerequisites established by applicable Federal or State law, including applicable rules of civil procedure; and
    (2) the court finds that the defect in a product or service as alleged would be a material defect for the majority of the members of the class.
  • 15 U.S.C. § 6614(a)(1)
    Go to provision →
    (1) it satisfies all other prerequisites established by applicable Federal or State law, including applicable rules of civil procedure; and
  • 15 U.S.C. § 6614(b)
    Go to provision →
    (b) In any Y2K action that is maintained as a class action, the court, in addition to any other notice required by applicable Federal or State law, shall direct notice of the action to each member of the class, which shall include—
    (1) a concise and clear description of the nature of the action;
    (2) the jurisdiction where the case is pending; and
    (3) the fee arrangements with class counsel, including the hourly fee being charged, or, if it is a contingency fee, the percentage of the final award which will be paid, including an estimate of the total amount that would be paid if the requested damages were to be granted.
  • 15 U.S.C. § 6614(c)(2)(A)(i)
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    (i) a substantial majority of the members of the proposed plaintiff class are citizens of a single State;
  • 15 U.S.C. § 6614(c)(2)(A)(ii)
    Go to provision →
    (ii) the primary defendants are citizens of that State; and
  • 15 U.S.C. § 6614(c)(2)(A)(iii)
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    (iii) the claims asserted will be governed primarily by the laws of that State;
  • 15 U.S.C. § 6614(c)(2)(B)
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    (B) the primary defendants are States, State officials, or other governmental entities against whom the district courts of the United States may be foreclosed from ordering relief;
  • 15 U.S.C. § 6614(c)(3)(B)
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    (B) Nothing in paragraph (A) shall prohibit plaintiffs from filing an amended class action in Federal or State court. A defendant shall have the right to remove such an amended class action to a United States district court under this subsection.
  • 15 U.S.C. § 6614(d)
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    (d) Except as otherwise provided in this section, nothing in this section supersedes any rule of Federal or State civil procedure applicable to class actions.
  • 15 U.S.C. § 6615
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    Nothing in this chapter shall be construed to affect the applicability of any State law that provides stricter limits on damages and liabilities, affording greater protection to defendants in Y2K actions, than are provided in this chapter.
  • 15 U.S.C. § 6616
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    Any party to a Y2K action in a State court in a State that has not adopted a rule of evidence substantially similar to Rule 704 of the Federal Rules of Evidence may introduce in such action evidence that would be admissible if Rule 704 applied in that jurisdiction.

Citations to §6602(7)

  • 15 U.S.C. § 6603(d)(2)
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    (2) In any Y2K action in which a contract to which paragraph (1) applies is silent as to a particular issue, the interpretation of the contract as to that issue shall be determined by applicable law in effect at the time the contract was executed.
  • 15 U.S.C. § 6605(a)
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    (a) Except in a Y2K action that is a contract action, and except as provided in subsections (b) through (g), a person against whom a final judgment is entered in a Y2K action shall be liable solely for the portion of the judgment that corresponds to the relative and proportionate responsibility of that person. In determining the percentage of responsibility of any defendant, the trier of fact shall determine that percentage as a percentage of the total fault of all persons, including the plaintiff, who caused or contributed to the total loss incurred by the plaintiff.
  • 15 U.S.C. § 6605(b)(1)
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    (1) In any Y2K action that is not a contract action, the court shall instruct the jury to answer special interrogatories, or, if there is no jury, the court shall make findings with respect to each defendant, including defendants who have entered into settlements with the plaintiff or plaintiffs, concerning—
    (A) the percentage of responsibility, if any, of each defendant, measured as a percentage of the total fault of all persons who caused or contributed to the loss incurred by the plaintiff; and
    (B) if alleged by the plaintiff, whether the defendant (other than a defendant who has entered into a settlement agreement with the plaintiff)—
    (i) acted with specific intent to injure the plaintiff; or
    (ii) knowingly committed fraud.
  • 15 U.S.C. § 6605(c)(1)
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    (1) Notwithstanding subsection (a), the liability of a defendant in a Y2K action that is not a contract action is joint and several if the trier of fact specifically determines that the defendant—
    (A) acted with specific intent to injure the plaintiff; or
    (B) knowingly committed fraud.
  • 15 U.S.C. § 6605(d)(1)(A)
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    (A) Notwithstanding subsection (a), if, upon motion made not later than 6 months after a final judgment is entered in any Y2K action that is not a contract action, the court determines that all or part of the share of the judgment against a defendant for compensatory damages is not collectible against that defendant, then each other defendant in the action is liable for the uncollectible share as follows:
    (i) The other defendants are jointly and severally liable for the uncollectible share if the plaintiff establishes that—
    (I) the plaintiff is an individual whose recoverable damages under the final judgment are equal to more than 10 percent of the net worth of the plaintiff; and
    (II) the net worth of the plaintiff is less than $200,000.
    (ii) For a plaintiff not described in clause (i), each of the other defendants is liable for the uncollectible share in proportion to the percentage of responsibility of that defendant.
    (iii) For a plaintiff not described in clause (i), in addition to the share identified in clause (ii), the defendant is liable for an additional portion of the uncollectible share in an amount equal to 50 percent of the amount determined under clause (ii) if the plaintiff demonstrates by a preponderance of the evidence that the defendant acted with reckless disregard for the likelihood that its acts would cause injury of the sort suffered by the plaintiff.
  • 15 U.S.C. § 6605(e)(1)
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    (1) A defendant who settles a Y2K action that is not a contract action at any time before final verdict or judgment shall be discharged from all claims for contribution brought by other persons. Upon entry of the settlement by the court, the court shall enter an order constituting the final discharge of all obligations to the plaintiff of the settling defendant arising out of the action. The order shall bar all future claims for contribution arising out of the action—
    (A) by any person against the settling defendant; and
    (B) by the settling defendant against any person other than a person whose liability has been extinguished by the settlement of the settling defendant.
  • 15 U.S.C. § 6605(f)(1)
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    (1) A defendant who is jointly and severally liable for damages in any Y2K action that is not a contract action may recover contribution from any other person who, if joined in the original action, would have been liable for the same damages. A claim for contribution shall be determined based on the percentage of responsibility of the claimant and of each person against whom a claim for contribution is made.
  • 15 U.S.C. § 6605(f)(2)
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    (2) An action for contribution in connection with a Y2K action that is not a contract action shall be brought not later than 6 months after the entry of a final, nonappealable judgment in the Y2K action, except that an action for contribution brought by a defendant who was required to make an additional payment under subsection (d)(1) may be brought not later than 6 months after the date on which such payment was made.
  • 15 U.S.C. § 6606(g)
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    (g) In cases in which a contract, or a statute enacted before January 1, 1999, requires notice of nonperformance and provides for a period of delay prior to the initiation of suit for breach or repudiation of contract, the period of delay provided by contract or the statute is controlling over the waiting period specified in subsections (c) and (d).
  • 15 U.S.C. § 6609
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    In any Y2K action for breach or repudiation of contract, the applicability of the doctrines of impossibility and commercial impracticability shall be determined by the law in existence on January 1, 1999. Nothing in this chapter shall be construed as limiting or impairing a party’s right to assert defenses based upon such doctrines.
  • 15 U.S.C. § 6610
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    In any Y2K action for breach or repudiation of contract, no party may claim, or be awarded, any category of damages unless such damages are allowed—
  • 15 U.S.C. § 6610(1)
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    (1) by the express terms of the contract; or
  • 15 U.S.C. § 6610(2)
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    (2) if the contract is silent on such damages, by operation of State law at the time the contract was effective or by operation of Federal law.
  • 15 U.S.C. § 6611(a)
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    (a) A party to a Y2K action making a tort claim, other than a claim of intentional tort arising independent of a contract, may not recover damages for economic loss unless—
    (1) the recovery of such losses is provided for in a contract to which the party seeking to recover such losses is a party; or
    (2) such losses result directly from damage to tangible personal or real property caused by the Y2K failure involved in the action (other than damage to property that is the subject of the contract between the parties to the Y2K action or, in the event there is no contract between the parties, other than damage caused only to the property that experienced the Y2K failure),
    and such damages are permitted under applicable Federal or State law.
  • 15 U.S.C. § 6611(a)(1)
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    (1) the recovery of such losses is provided for in a contract to which the party seeking to recover such losses is a party; or
  • 15 U.S.C. § 6611(a)(2)
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    (2) such losses result directly from damage to tangible personal or real property caused by the Y2K failure involved in the action (other than damage to property that is the subject of the contract between the parties to the Y2K action or, in the event there is no contract between the parties, other than damage caused only to the property that experienced the Y2K failure),
  • 15 U.S.C. § 6611(b)
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    (b) For purposes of this section only, and except as otherwise specifically provided in a valid and enforceable written contract between the plaintiff and the defendant in a Y2K action, the term “economic loss” means amounts awarded to compensate an injured party for any loss, and includes amounts awarded for damages such as—
    (1) lost profits or sales;
    (2) business interruption;
    (3) losses indirectly suffered as a result of the defendant’s wrongful act or omission;
    (4) losses that arise because of the claims of third parties;
    (5) losses that must be pled as special damages; and
    (6) consequential damages (as defined in the Uniform Commercial Code or analogous State commercial law).
  • 15 U.S.C. § 6612(a)
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    (a) In a Y2K action other than a claim for breach or repudiation of contract, and in which the defendant’s actual or constructive awareness of an actual or potential Y2K failure is an element of the claim, the defendant is not liable unless the plaintiff establishes that element of the claim by the standard of evidence under applicable State law in effect on the day before January 1, 1999.
  • 15 U.S.C. § 6612(b)(3)
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    (3) For purposes of paragraph (1)(C), claims in which the defendant’s actual or constructive awareness of an actual or potential Y2K failure is an element of the claim under applicable law do not include claims for negligence but do include claims such as fraud, constructive fraud, breach of fiduciary duty, negligent misrepresentation, and interference with contract or economic advantage.
  • 15 U.S.C. § 6612(c)
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    (c) The fact that a Y2K failure occurred in an entity, facility, system, product, or component that was sold, leased, rented, or otherwise within the control of the party against whom a claim is asserted in a Y2K action shall not constitute the sole basis for recovery of damages in that action. A claim in a Y2K action for breach or repudiation of contract for such a failure is governed by the terms of the contract.

Citations to §6602(8)