Page:United States Statutes at Large Volume 113 Part 1.djvu/217

 PUBLIC LAW 106-37—JULY 20, 1999 113 STAT. 193 (B) if alleged by the plaintiff, whether the defendant (other than a defendant who has entered into a settlement agreement with the plaintiff)— (i) acted with specific intent to injure the plaintiff; or (ii) knowingly committed fraud. (2) CONTENTS OF SPECIAL INTERROGATORIES OR FINDINGS.— The responses to interrogatories or findings under pgiragraph (1) shall specify the total Eimount of damages that the plaintiff is entitled to recover and the percentage of responsibility of each defendant found to have caused or contributed to the loss incurred by the plaintiff. (3) FACTORS FOR CONSIDERATION.— In determining the percentage of responsibility under this subsection, the trier of fact shall consider— (A) the nature of the conduct of each person found to have caused or contributed to the loss incurred by the plaintiff; and (B) the nature and extent of the causal relationship between the conduct of each such person and the damages incurred by the plaintiff. (c) JOINT LIABILITY FOR SPECIFIC INTENT OR FRAUD. — (1) IN GENERAL. —Notwithstanding subsection (a), the liability of a defendant in a Y2K action that is not a contract action is joint and several if the trier of fact specifically determines that the defendant— (A) acted with specific intent to injure the plaintiff; or (B) knowingly committed fraud. (2) FRAUD; RECKLESSNESS.— (A) KNOWING COMMISSION OF FRAUD DESCRIBED.— For purposes of subsection (b)(l)(B)(ii) and paragraph (1)(B) of this subsection, a defendeuit knowingly committed fraud if the defendant— (i) made an untrue statement of a material fact, with actual knowledge that the statement was false; (ii) omitted a fact necessary to make the statement not be misleading, with actual knowledge that, as a result of the omission, the statement was false; and (iii) knew that the plaintiff was reasonably likely to rely on the false statement. (B) RECKLESSNESS. —For purposes of subsection (b)(1)(B) and paragraph (1) of this subsection, reckless conduct by the defendant does not constitute either a specific intent to injure, or the knowing commission of fraud, by the defendant. (3) RIGHT TO CONTRIBUTION NOT AFFECTED.— Nothing in this section affects the right, under any other law, of a defendant to contribution with respect to another defendant found under subsection (b)(1)(B), or determined under paragraph (1)(B) of this subsection, to have acted with specific intent to injure the plaintiff or to have knowingly committed fraud. (d) SPECIAL RULES.— (1) UNCOLLECTIBLE SHARE. — (A) IN GENERAL. — Notwithstanding subsection (a), if, upon motion made not later than 6 months after a final judgment is entered in any Y2K action that is not a contract

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