Page:United States Statutes at Large Volume 112 Part 2.djvu/645

 PUBLIC LAW 105-230—AUG. 13, 1998 112 STAT. 1529 (B) the manufacturer's liability for damages should be reduced in whole or in part because of such negligence or intentionally tortious conduct; or (2) the claimant has moved to implead the supplier and the court finds, based on the court's independent review of the evidence contained in the record of the action, that under applicable law— (A) the negligence or intentionally tortious conduct of the dismissed supplier was an actual and proximate cause of the harm to the claimant; and (B) the claimant is unlikely to be able to recover the full amount of its damages from the remaining defendants. (b) STANDARD OF LIABILITY.— Notwithstanding any preliminary finding under subsection (a), a biomaterials supplier who has been impleaded into an action covered by this Act, as provided for in this section— (1) may, prior to entry of judgment on the claim against it, supplement the record of the proceeding that was developed prior to the grant of the motion for impleader under subsection (a); and (2) may be found liable to a manufacturer or a claimant only to the extent required and permitted by any applicable State or Federal law other than this Act. (c) DISCOVERY.— Nothing in this section shall give a claimant or any other party the right to obtain discovery from a biomaterials supplier at any time prior to grant of a motion for impleader beyond that allowed under section 6. SEC. 8. EFFECTIVE DATE. Applicability. This Act shall apply to all civil actions covered under this note. Act that are commenced on or after the date of enactment of this Act, including any such action with respect to which the harm asserted in the action or the conduct that caused the harm occurred before the date of enactment of this Act. Approved August 13, 1998. LEGISLATIVE HISTORY—H.R. 872: HOUSE REPORTS: No. 105-549, Pt. 1 (Comm. on the Judiciary) and Pt. 2 (Coram. on Commerce). CONGRESSIONAL RECORD, Vol. 144 (1998): July 29, considered and passed House. July 30, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): Aug. 13, Presidential statement.

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