Ask AI
S. 96

Y2K Act

TABLE OF CONTENTS:

Title I: Opportunity to Resolve Y2K Problems

Title II: Y2K Actions Involving Contract-Related Claims

Title III: Y2K Actions Involving Tort Claims

Title IV: Y2K Class Actions

Y2K Act - Makes this Act: (1) applicable to any Y2K action brought in a Federal or State court after February 22, 1999: and (2) inapplicable to a claim for personal injury or wrongful death. Preempts inconsistent State law.

Mandates that, in any Y2K action in which punitive damages may be awarded under applicable State law, the defendant shall not be liable unless the plaintiff proves that the defendant acted with conscious and flagrant disregard for the rights and property of others.

Limits punitive damages awarded in such an action to: (1) the larger of three times the amount awarded for actual damages or $250,000; or (2) the smaller of such amounts in the case of an individual whose net worth does not exceed $500,000 or an entity employing less than 25 full-time employees. Prohibits punitive damages from being awarded against government entities.

Title I: Opportunity to Resolve Y2K Problems - Requires a prospective plaintiff, before commencing a Y2K action (except in an action seeking only injunctive relief), to serve on each prospective defendant a written notice that identifies with particularity the manifestations of any material defect causing harm or loss, the harm or loss suffered, the remedy sought, and certain information identifying any individual authorized to negotiate on behalf of the plaintiff. Requires: (1) a 90-day wait after such notice; and (2) a response to such notice within 30 days proposing remedial actions. Outlines pleading requirements, including specification of the nature, amount, and factual basis for calculating damages. Requires damages awarded to exclude compensation for damages the plaintiff would reasonably have avoided in light of disclosures. Provides proportionate defendant liability, with several but not joint liability.

Title II: Y2K Actions Involving Contract-Related Claims - Requires, in any Y2K breach of contract action, that contract terms and conditions, including liability exclusions and warranty disclaimers, are fully enforceable, unless the court determines that the contract as a whole is unenforceable. Prohibits the award of consequential or punitive damages in such an action unless such damages are allowed by the express terms of the contract or by operation of State or Federal law.

Title III: Y2K Actions Involving Tort Claims - Prohibits a party to a Y2K action making a tort claim from recovering damages for economic loss unless such damages are permitted under applicable Federal or State law and: (1) such recovery is provided for under a contract entered into by the party; (2) such losses result directly from a personal injury claim resulting from the Y2K failure; or (3) such losses result directly from damage to tangible property caused by the Y2K failure. Allows the defenses of good faith and reasonable efforts to prevent the failure. Requires the plaintiff to prove: (1) a defendant's state of mind regarding risk or eventual harm to the plaintiff in a Y2K action in which the defendant's actual or constructive awareness of an actual or potential failure is an element of the claim; and (2) that the defendant knew, or should have known, that his or her action or failure to act would cause harm..

Provides limited liability of business officers and directors, with exceptions for intentionally making misleading statements or withholding information.

Title IV: Y2K Class Actions - Provides that, in any Y2K action involving a claim that a product or service is defective, a class action may be maintained only if: (1) it satisfies all other Federal or State class action procedural laws or rules; and (2) the court finds that the alleged defect is material to the majority of such class. Requires specified notice to class members. Specifies circumstances under which: (1) U.S. district courts shall have original jurisdiction for such suits; (2) a U.S. district court may abstain from hearing such an action; and (3) such an action may be removed to a U.S. district court.

Indefinitely postponed by Senate by Unanimous Consent.

Sen. McCain, John [R-AZ](R-AZ)Sponsor
1 cosponsor1 R
1cosponsors1committees40actions51amendments2related bills29subjects
  1. Floor

    Indefinitely postponed by Senate by Unanimous Consent.

  2. Floor

    Returned to the Calendar. Calendar No. 34. (consideration: CR S6998)

  3. Floor

    Senate passed companion measure H.R. 775 in lieu of this measure by Yea-Nay Vote. 62-37. Record Vote No: 165.

  4. Floor

    Senate incorporated this measure in H.R. 775 as an amendment. (consideration: CR S6998)

  5. Floor

    Considered by Senate. (consideration: CR S6975-6998)

  6. Floor

    Considered by Senate. (consideration: CR S6815-6835-37, S6837-6853)

  7. Floor

    Motion by Senator Lott to recommit to Senate Committee on Commerce withdrawn in Senate by Unanimous Consent. (consideration: CR S6733-6781)

    Commerce, Science, and Transportation Committee
  8. Floor

    Cloture motion withdrawn by unanimous consent in Senate.

  9. Floor

    Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S6462)

  10. Floor

    Third cloture motion on motion to proceed to the bill presented in Senate. (consideration: CR S6462)

  11. Floor

    Motion to proceed to consideration of measure made in Senate. (consideration: CR S6461-6452)

  12. Floor

    Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 53-45. Record Vote No: 120. (consideration: CR S5442)

  13. Floor

    Motion to proceed considered in the Senate. (consideration: CR S5437-5443, S5460)

  14. Floor

    Motion to proceed considered in the Senate. (consideration: CR S5394)

  15. Floor

    Second cloture motion on the motion to proceed to the bill presented in Senate. (consideration: CR S5333)

  16. Floor

    Motion to proceed to consideration of measure made in Senate. (consideration: CR S5333-5335)

  17. Floor

    Returned to the Calendar. Calendar No. 34.

  18. Floor

    Cloture on the McCain amendment (SP 267) not invoked in Senate by Yea-Nay Vote. 52-47. Record Vote No: 95. (consideration: CR S4413)

  19. Floor

    Considered by Senate. (consideration: CR S4404-4417)

  20. Floor

    Motion by Senator Lott to recommit to Senate Committee on Commerce with instructions made in Senate.

    Commerce, Science, and Transportation Committee
  21. Floor

    Motion by Senator Kennedy to commit to Senate Committee on HELP tabled in Senate by Yea-Nay Vote. 55-44. Record Vote No: 94.

    Health, Education, Labor, and Pensions Committee
  22. Floor

    Cloture motion on the Kennedy motion to recommit presented in Senate. (consideration: CR S4328)

  23. Floor

    Motion by Senator Kennedy to commit to Senate Committee on HELP with instructions to report back forthwith with an amendment (SP 291) made in Senate.

    Health, Education, Labor, and Pensions Committee
  24. Floor

    Considered by Senate. (consideration: CR S4325-4330)

  25. Floor

    Cloture motion on the McCain Amendment (SP 267) presented in Senate. (consideration: CR S4232)

  26. Floor

    The committee substitute was withdrawn.

  27. Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S4218-4240)

  28. Floor

    Cloture on motion to proceed invoked in Senate by Yea-Nay Vote. 94-0. Record Vote No: 91. (consideration: CR S4168)

  29. Floor

    Motion to proceed considered in the Senate. (consideration: CR S4160-4168)

  30. Floor

    Cloture motion on the motion to proceed to the bill presented in Senate. (consideration: CR S4092)

  31. Floor

    Motion to proceed to consideration of measure made in Senate. (consideration: CR S4092-4099)

  32. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 34.

  33. Committee

    Committee on Commerce. Reported to Senate by Senator McCain with an amendment in the nature of a substitute. With written report No. 106-10. Minority views filed.

    Commerce, Science, and Transportation Committee
  34. Committee14000

    Committee on Commerce. Reported to Senate by Senator McCain with an amendment in the nature of a substitute. With written report No. 106-10. Minority views filed.

    Commerce, Science, and Transportation Committee
  35. Committee

    Committee on Commerce. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Commerce, Science, and Transportation Committee
  36. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S1913)

  37. Committee

    Committee on Commerce, Science, and Transportation. Hearings held. Hearings printed: S.Hrg. 106-429.

    Commerce, Science, and Transportation Committee
  38. IntroReferral

    Read twice and referred to the Committee on Commerce.

    Commerce, Science, and Transportation Committee
  39. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S530-531)

  40. IntroReferral10000

    Introduced in Senate

Mar 10, 199901

TABLE OF CONTENTS:

Title I: Opportunity to Resolve Y2K Problems

Title II: Y2K Actions Involving Contract-Related Claims

Title III: Y2K Actions Involving Tort Claims

Title IV: Y2K Class Actions

Y2K Act - Makes this Act: (1) applicable to any Y2K action brought in a Federal or State court after February 22, 1999: and (2) inapplicable to a claim for personal injury or wrongful death. Preempts inconsistent State law.

Mandates that, in any Y2K action in which punitive damages may be awarded under applicable State law, the defendant shall not be liable unless the plaintiff proves that the defendant acted with conscious and flagrant disregard for the rights and property of others.

Limits punitive damages awarded in such an action to: (1) the larger of three times the amount awarded for actual damages or $250,000; or (2) the smaller of such amounts in the case of an individual whose net worth does not exceed $500,000 or an entity employing less than 25 full-time employees. Prohibits punitive damages from being awarded against government entities.

Title I: Opportunity to Resolve Y2K Problems - Requires a prospective plaintiff, before commencing a Y2K action (except in an action seeking only injunctive relief), to serve on each prospective defendant a written notice that identifies with particularity the manifestations of any material defect causing harm or loss, the harm or loss suffered, the remedy sought, and certain information identifying any individual authorized to negotiate on behalf of the plaintiff. Requires: (1) a 90-day wait after such notice; and (2) a response to such notice within 30 days proposing remedial actions. Outlines pleading requirements, including specification of the nature, amount, and factual basis for calculating damages. Requires damages awarded to exclude compensation for damages the plaintiff would reasonably have avoided in light of disclosures. Provides proportionate defendant liability, with several but not joint liability.

Title II: Y2K Actions Involving Contract-Related Claims - Requires, in any Y2K breach of contract action, that contract terms and conditions, including liability exclusions and warranty disclaimers, are fully enforceable, unless the court determines that the contract as a whole is unenforceable. Prohibits the award of consequential or punitive damages in such an action unless such damages are allowed by the express terms of the contract or by operation of State or Federal law.

Title III: Y2K Actions Involving Tort Claims - Prohibits a party to a Y2K action making a tort claim from recovering damages for economic loss unless such damages are permitted under applicable Federal or State law and: (1) such recovery is provided for under a contract entered into by the party; (2) such losses result directly from a personal injury claim resulting from the Y2K failure; or (3) such losses result directly from damage to tangible property caused by the Y2K failure. Allows the defenses of good faith and reasonable efforts to prevent the failure. Requires the plaintiff to prove: (1) a defendant's state of mind regarding risk or eventual harm to the plaintiff in a Y2K action in which the defendant's actual or constructive awareness of an actual or potential failure is an element of the claim; and (2) that the defendant knew, or should have known, that his or her action or failure to act would cause harm..

Provides limited liability of business officers and directors, with exceptions for intentionally making misleading statements or withholding information.

Title IV: Y2K Class Actions - Provides that, in any Y2K action involving a claim that a product or service is defective, a class action may be maintained only if: (1) it satisfies all other Federal or State class action procedural laws or rules; and (2) the court finds that the alleged defect is material to the majority of such class. Requires specified notice to class members. Specifies circumstances under which: (1) U.S. district courts shall have original jurisdiction for such suits; (2) a U.S. district court may abstain from hearing such an action; and (3) such an action may be removed to a U.S. district court.

Jan 19, 199900

Y2K Act - Prohibits an action arising in a Federal or State court out of a year 2000 (Y2K) computer failure from proceeding to trial until the plaintiff has: (1) notified the defendant in writing, describing the particular Y2K failure; and (2) afforded such defendant the opportunity to fix the problem.

States that damages in a Y2K action will be generally limited to economic loss, but provides an exception limiting damages of other than economic loss to the greater of three times the amount awarded for economic loss or $250,000. Prohibits damages other than economic loss from being awarded when the defendant demonstrates due diligence and reasonable care to prevent or remedy the Y2K failure. Provides: (1) several but not joint liability in such actions; and (2) for the appointment of a special master to make findings in such matters.

Provides conditions under which an information technology product seller, renter, or lessor other than a manufacturer shall be liable to a claimant in a Y2K action.

Y2K Act — Informed