Page:United States Statutes at Large Volume 113 Part 1.djvu/225

 PUBLIC LAW 106-37 —JULY 20, 1999 113 STAT. 201 in that action. A clsdm in a Y2K action for breach or repudiation of contract for such a failiu-e is governed by the terms of the contract. (d) PROTECTIONS OF THE YEAR 2000 INFORMATION AND READI- NESS DISCLOSURE ACT APPLY.—The protections for the exchanges of information provided by section 4 of the Year 2000 Information and Readiness Disclosure Act (Public Law 105-271) shall apply to any Y2K action. SEC. 14. APPOINTMENT OF SPECIAL MASTERS OR MAGISTRATE 15 USC 6613. JUDGES FOR Y2K ACTIONS. Any district court of the United States in which a Y2K action is pending may appoint a special master or a magistrate judge to hear the matter and to make findings of fact and conclusions of law in accordance with Rule 53 of the Federal Rules of Civil Procedure. SEC. 15. Y2K ACTIONS AS CLASS ACTIONS. 15 USC 6614. (a) MATERL\L DEFECT REQUIREMENT.— A Y2K action involving a claim that a product or service is defective may be maintained as a class action in Federal or State court as to that claim only if— (1) it satisfies all other prerequisites established by applicable Federal or State law, including applicable rules of civil procedure; and (2) the court finds that the defect in a product or service as eJleged would be a material defect for the majority of the members of the class. (b) NOTIFICATION. —In any Y2K action that is maintained as a class action, the court, in addition to any other notice required by applicable Federal or State law, shall direct notice of the action to each member of the class, which shall include— (1) a concise and clear description of the nature of the action; (2) the jurisdiction where the case is pending; and (3) the fee arrangements with class counsel, including the hourly fee being charged, or, if it is a contingency fee, the percentage of the final award which will be paid, including an estimate of the total amount that would be paid if the requested damages were to be granted. (c) FORUM FOR Y2K CLASS ACTIONS.— (1) JURISDICTION.— Except as provided in paragraph (2), the district courts of the United States shall have original jurisdiction of any Y2K action that is brought as a class action. (2) EXCEPTIONS.— The district courts of the United States shall not have original jurisdiction over a Y2K action brought as a class action if— (A)(i) a substantial majority of the members of the proposed plaintiff class are citizens of a single State; (ii) the primary defendants are citizens of that State; and (iii) the claims asserted will be governed primarily by the laws of that State; (B) the primEuy defendants are States, State officials, or other governmental entities against whom the district courts of the United States may be foreclosed from ordering relief; 69-194-01 -8:QL3Part 1

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