15 U.S.C. § 6607: Pleading requirements

Summary

Requires plaintiffs in Y2K lawsuits to file extra details with their complaint. It applies only to Y2K cases and does not change other federal or state civil procedure rules except for these added information rules. If seeking money, the plaintiff must say what kind of harm, the dollar amount for each part, and the facts used to calculate it. If claiming a product or service had a material defect, the plaintiff must describe how the defect showed up and the facts showing it was material. If the claim needs proof of a particular state of mind, the plaintiff must give facts for each part of the claim that make it strongly likely the defendant had that state of mind.

Title 15, §6607

Commerce and Trade, Source: USLM XML via OLRC

(a)Application with rules of civil procedure

This section applies exclusively to Y2K actions and, except to the extent that this section requires additional information to be contained in or attached to pleadings, nothing in this section is intended to amend or otherwise supersede applicable rules of Federal or State civil procedure.

(b)Nature and amount of damages

In all Y2K actions in which damages are requested, there shall be filed with the complaint a statement of specific information as to the nature and amount of each element of damages and the factual basis for the damages calculation.

(c)Material defects

In any Y2K action in which the plaintiff alleges that there is a material defect in a product or service, there shall be filed with the complaint a statement of specific information regarding the manifestations of the material defects and the facts supporting a conclusion that the defects are material.

(d)Required state of mind

In any Y2K action in which a claim is asserted on which the plaintiff may prevail only on proof that the defendant acted with a particular state of mind, there shall be filed with the complaint, with respect to each element of that claim, a statement of the facts giving rise to a strong inference that the defendant acted with the required state of mind.

Editorial Notes

References in Text

Rules of Federal civil procedure, referred to in subsec. (a), are contained in the Federal Rules of Civil Procedure which are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

§6607 Pleading Requirements

Summary

Title 15, §6607

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata