§ 6604. Punitive damages limitations
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/usc/title-15/section-6604A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general 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.
(b)Caps on punitive damages
(1)In general 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.
(2)Defendant described A defendant described in this paragraph is a defendant—
(A)who—
(i)is sued in his or her capacity as an individual; and
(ii)whose net worth does not exceed $500,000; or
(B)that is an unincorporated business, a partnership, corporation, association, or organization, with fewer than 50 full-time employees.
(3)No cap if injury specifically intended Paragraph
(1)does not apply if the plaintiff establishes by clear and convincing evidence that the defendant acted with specific intent to injure the plaintiff.
(c)Government entities Punitive damages in a Y2K action may not be awarded against a government entity.
(d)Institutions of higher education
(1)In general Subject to paragraph (2), punitive damages in a Y2K action may not be awarded against an instituion 1 of higher education as defined in section 1001(a) of title 20.
(2)Exception 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.
(Pub. L. 106–37, § 5, July 20, 1999, 113 Stat. 192; Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 311], Nov. 29, 1999, 113 Stat. 1535, 1501A–265.)
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Cited by 3 sections
statutes-at-large
- Public Law 106–113Making consolidated appropriations for the fiscal year ending September 30, 2000,and for other purposes
- Public Law 106–37To establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes
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6 references not yet in our index
- 1
- Pub. L. 106–37, § 5
- 113 Stat. 192
- Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 311]
- 113 Stat. 1535
- Pub. L. 106–113
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§ 6604
Punitive damages limitations
Stat.×2
U.S.C.×1
Cite1
Pub. L.Pub. L. 106–37, § 5
Stat.113 Stat. 192
Pub. L.Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 311]
Stat.113 Stat. 1535
Cites 7 · showing 6Cited by 3 across 2 sources