class action
(1) Uncollectible share (A) In general Notwithstanding subsection (a), if, upon motion made not later than 6 months after a final judgment is entered in any Y2K action that is not a contract action, the court determines that all or part of the share of the judgment against a defendant for compensatory damages is not collectible against that defendant, then each other defendant in the action is liable for the uncollectible share as follows: (i) Percentage of net worth The other defendants are jointly and severally liable for the uncollectible share if the plaintiff establishes that— (I) the plaintiff is an individual whose recoverable damages under the final judgment are equal to more than 10 percent of the net worth of the plaintiff; and (II) the net worth of the plaintiff is less than $200,000. (ii) Other plaintiffs For a plaintiff not described in clause (i), each of the other defendants is liable for the uncollectible share in proportion to the percentage of responsibility of that defendant. (iii) Additional liability For a plaintiff not described in clause (i), in addition to the share identified in clause (ii), the defendant is liable for an additional portion of the uncollectible share in an amount equal to 50 percent of the amount determined under clause (ii) if the plaintiff demonstrates by a preponderance of the evidence that the defendant acted with reckless disregard for the likelihood that its acts would cause injury of the sort suffered by the plaintiff. (B) Overall limit The total payments required under subparagraph (A) from all defendants may not exceed the amount of the uncollectible share. (C) Subject to contribution A defendant against whom judgment is not collectible is subject to contribution and to any continuing liability to the plaintiff on the judgment. (D) Suits by consumers (i) Notwithstanding subparagraph (A), the other defendants are jointly and severally liable for the uncollectible share if— (I) the plaintiff is a consumer whose suit alleges or arises out of a defect in a consumer product; and (II) the plaintiff is suing as an individual and not as part of a class action. (ii) In this subparagraph: (I) The term “class action” means— (aa) a single lawsuit in which: (1) damages are sought on behalf of more than 10 persons or prospective class members; or (2) one or more named parties seek to recover damages on a representative basis on behalf of themselves and other unnamed parties similarly situated; or (bb) any group of lawsuits filed in or pending in the same court in which: (1) damages are sought on behalf of more than 10 persons; and (2) the lawsuits are joined, consolidated, or otherwise proceed as a single action for any purpose. (II) The term “consumer” means an individual who acquires a consumer product for purposes other than resale. (III) The term “consumer product” means any personal property or service which is normally used for personal, family, or household purposes.