15 U.S. Code § 6614 - Y2K actions as class actions
(a) Material defect requirement
A Y2K action involving a claim that a product or service is defective may be maintained as a class action in Federal or State court as to that claim only if—
(1) it satisfies all other prerequisites established by applicable Federal or State law, including applicable rules of civil procedure; and
In any Y2K action that is maintained as a class action, the court, in addition to any other notice required by applicable Federal or State law, shall direct notice of the action to each member of the class, which shall include—
(c) Forum for Y2K class actions
Except as provided in paragraph (2), the district courts of the United States shall have original jurisdiction of any Y2K action that is brought as a class action.
The district courts of the United States shall not have original jurisdiction over a Y2K action brought as a class action if—
(i) a substantial majority of the members of the proposed plaintiff class are citizens of a single State;
(B) the primary defendants are States, State officials, or other governmental entities against whom the district courts of the United States may be foreclosed from ordering relief;
(C) the plaintiff class does not seek an award of punitive damages, and the amount in controversy is less than the sum of $10,000,000 (exclusive of interest and costs), computed on the basis of all claims to be determined in the action; or
A party urging that any exception described in subparagraph (A), (B), (C), or (D) applies to an action shall bear the full burden of demonstrating the applicability of the exception.
(3) Procedure if requirements not met
(A) Dismissal or remand
A United States district court shall dismiss, or, if after removal, strike the class allegations and remand, any Y2K action brought or removed under this subsection as a class action if—
(B) Amendment; removal
Nothing in paragraph (A) shall prohibit plaintiffs from filing an amended class action in Federal or State court. A defendant shall have the right to remove such an amended class action to a United States district court under this subsection.
(C) Period of limitations tolled
Upon dismissal or remand, the period of limitations for any claim that was asserted in an action on behalf of any named or unnamed member of any proposed class shall be deemed tolled to the full extent provided under Federal law.
Source(Pub. L. 106–37, § 15,July 20, 1999, 113 Stat. 201.)
References in Text
Rules of Federal civil procedure, referred to in subsecs. (a)(1), (c)(3)(A)(ii), and (d), are contained in the Federal Rules of Civil Procedure which are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
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