Page:United States Statutes at Large Volume 113 Part 1.djvu/222

 113 STAT. 198 PUBLIC LAW 106-37^JULY 20, 1999 (g) EFFECT OF CONTRACTUAL OR STATUTORY WAITING PERIODS.— In cases in which a contract, or a statute enacted before January 1, 1999, requires notice of nonperformance and provides for a period of delay prior to the initiation of suit for breach or repudiation of contract, the period of delay provided by contract or the statute is controlling over the wedting period specified in subsections (c) and (d). (h) STATE LAW CONTROLS ALTERNATIVE METHODS. —Nothing in this section supersedes or otherwise preempts any State law or rule of civil procedure with respect to the use of alternative dispute resolution for Y2K actions. (i) PROVISIONAL REMEDIES UNAFFECTED.—Nothing in this section interferes with the right of a litigemt to provisional remedies otherwise available under Rule 65 of the Federal Rules of Civil Procedure or any State rule of civil procedure providing extraordinary or provisioned remedies in any civil action in which the underlying complaint seeks both injunctive and moneteiry relief (j) SPECIAL RULE FOR CLASS ACTIONS. —For the purpose of applying this section to a Y2K action that is medntained as a class action in Federal or State court, the requirements of the preceding subsections of this section apply only to neimed plaintiffs in the class action. 15 USC 6607. SEC. 8. PLEADING REQUIREMENTS. (a) APPLICATION WITH RULES OF CIVIL PROCEDURE. —T h is 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 materied defects and the facts supporting a conclusion that the defects are material. (d) REQUIRED STATE OF MIND.—In any Y2K action in which a clsdm 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 clsdm, a statement of the facts giving rise to a strong inference that the defendant acted with the required state of mind. 15 USC 6608. SEC. 9. DUTY TO MITIGATE. (a) IN GENERAL. —Damages awarded in any Y2K action shall exclude compensation for damages the plaintiff coidd reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably should have been, aware, including information made available by the defendant to purchasers or users of the defendant's product or services concerning means of remedying or avoiding the Y2K failure involved in the action.

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