Page:United States Statutes at Large Volume 113 Part 1.djvu/218

 113 STAT. 194 PUBLIC LAW 106-37—JULY 20, 1999 action, the court determines that all or part of the share of the judgment agsdnst a defendant for compensatory damages is not collectible against that defendant, then each other defendant in the action is liable for the uncollectible share as follows: (i) PERCENTAGE OF NET WORTH.— The other defendants axe jointly and severally liable for the uncollectible share if the plaintiff establishes that— (I) the plaintiff is an individual whose recoverable damages under the final judgment are equal to more than 10 percent of the net worth of the plaintiff; and (II) the net worth of the plaintiff is less than $200,000. (ii) OTHER PLAENTIFFS. —For a plaintiff not described in clause (i), each of the other defendants is liable for the imcollectible share in proportion to the percentage of responsibility of that defendant. (iii) For a plaintiff not described in clause (i), in addition to the share identified in clause (ii), the defendant is Uable for an additional portion of the uncollectible share in an amount equal to 50 percent of the amount determined under clause (ii) if the plaintiff demonstrates by a preponderance of the evidence that the defendant acted with reckless disregard for the likelihood that its acts would cause injury of the sort suffered by the plaintiff. (B) OVERALL LIMIT.— The total payments required under subparagraph (A)fromall defendants may not exceed the Eunount of the imcollectible shsire. (C) SUBJECT TO CONTRIBUTION.— A defendant against whom judgment is not collectible is subject to contribution and to any continuing liability to the plaintiff on the judgment. (D) SUITS BY CONSUMERS.— (i) Notwithstanding subparagraph (A), the other defendants are jointly and severally liable for the uncollectible sheire if— (I) the plaintiff is a consumer whose suit alleges or arises out of a defect in a consimaer product; and (II) the plaintiff is suing as an individual and not as part of a class action. (ii) In this subparagraph: (I) The term "class action" means— (aa) a single lawsuit in which: (1) damages are sought on behalf of more than 10 persons or prospective class members; or (2) one or more named parties seek to recover damages on a representative basis on behalf of themselves and other unnamed psirties similarly situated; or (bb) any group of lawsuits filed in or pending in the same court in which: (1) damages are sought on behalf of more than 10 persons; and (2) the lawsuits are joined.

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