§442 Litigation Management

Summary

Creates a federal right to sue when a seller of qualified anti-terrorism technology faces claims tied to an act of terrorism and that technology was used to defend against, respond to, or recover from the attack. Federal district courts have original and exclusive power to hear cases for loss of property, personal injury, or death in those situations. State law (including choice-of-law rules) governs how the case is decided unless federal law overrides it. Only sellers who provided the qualified technology to government customers can be sued under this rule. If a damage claim is brought, no punitive or other non-compensatory damages may be awarded, and no interest is allowed before judgment. Noneconomic damages (for pain, suffering, mental anguish, loss of enjoyment, and similar non-money losses) can only be awarded in proportion to the defendant’s share of fault, and only if the plaintiff suffered physical harm. Any money the plaintiff already received from other sources must be deducted from the award. If the Secretary approved the technology after reviewing safety and design, there is a rebuttable presumption that the government-contractor defense applies; it can be overcome only by proof the seller lied or acted with willful misconduct in what it gave the Secretary. The Secretary issues a certificate and lists approved products. People who try to commit, help, or conspire to commit terrorism can still be sued.