§ 6607. — Pleading requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6607]
TITLE 15--COMMERCE AND TRADE
CHAPTER 92--YEAR 2000 COMPUTER DATE CHANGE
Sec. 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.
(Pub. L. 106-37, Sec. 8, July 20, 1999, 113 Stat. 198.)
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.
