Title 15 — Commerce and Trade
Chapter 92 — Year 2000 Computer Date Change
§ 6607. Pleading requirements
Statutory text
Application with rules of civil procedure
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.
Nature and amount of damages
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.
Material defects
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.
Required state of mind
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Y2K Act
Pub. L. 106–37 § 8 · 113 Stat. 185
Enacted · 15 U.S.C. § 6607
(Pub. L. 106–37, § 8, July 20, 1999, 113 Stat. 198.)
Source evidence
Code source credit
(Pub. L. 106–37, § 8, July 20, 1999, 113 Stat. 198.)Enacted provision · exact public law section
SEC. 8. 15 USC 6607. PLEADING REQUIREMENTS. (a) Application with Rules of Civil Procedure.— 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. (b) Nature and Amount of Damages.— 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. (c) Material Defects.— 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. (d) Required State of Mind.— 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.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
Rules of Federal civil procedure, referred to in subsec. (a), are contained in the Federal Rules of Civil Procedure which are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.