2012 US Code
Title 15 - Commerce and Trade
Chapter 92 - YEAR 2000 COMPUTER DATE CHANGE (§§ 6601 - 6617)
Section 6604 - Punitive damages limitations
| Publication Title | United States Code, 2012 Edition, Title 15 - COMMERCE AND TRADE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 15 - COMMERCE AND TRADE CHAPTER 92 - YEAR 2000 COMPUTER DATE CHANGE Sec. 6604 - Punitive damages limitations |
| Contains | section 6604 |
| Date | 2012 |
| Laws in Effect as of Date | January 15, 2013 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | 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. |
| Statutes at Large Reference | 113 Stat. 192, 1535 |
| Public Law References | Public Law 106-37, Public Law 106-113 |
Download PDF
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 generalSubject to the evidentiary standard established by subsection (a) of this section, 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 describedA 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 intendedParagraph (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 entitiesPunitive damages in a Y2K action may not be awarded against a government entity.
(d) Institutions of higher education (1) In generalSubject 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) ExceptionParagraph (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.)
Amendments1999—Subsec. (d). Pub. L. 106–113 added subsec. (d).
1 So in original. Probably should be “institution”.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.
