15 USC 6604 – Punitive damages limitations
(a) In general
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 general
Subject to the evidentiary standard established by subsection (a), 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 described
A 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 intended
Paragraph (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 entities
Terms Used In 15 USC 6604
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 1 USC 5
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Plaintiff: The person who files the complaint in a civil lawsuit.
Punitive damages in a Y2K action may not be awarded against a government entity.
(d) Institutions of higher education
(1) In general
Subject 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) Exception
Paragraph (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.