with respect to each defendant and plaintiff, and
each of the other persons claimed by any of the par-
ties to have caused or contributed to the loss in-
curred by the plaintiff, including persons who have
entered into settlements with the plaintiff or plain-
tiffs, concerning the percentage of responsibility of
that person, measured as a percentage of the total
fault of all persons who caused or contributed to the
total loss incurred by the plaintiff.
(2) CONTENTS OF SPECIAL INTERROGATORIES
OR FINDINGS.—The responses to interrogatories, or
findings, as appropriate, under paragraph (1) shall
specify—
(A) the total amount of damages that the
plaintiff is entitled to recover; and
(B) the percentage of responsibility of each
person found to have caused or contributed to
the loss incurred by the plaintiff or plaintiffs.
(3) FACTORS FOR CONSIDERATION.—In deter-
mining the percentage of responsibility under this
paragraph, the trier of fact shall consider—
(A) the nature of the conduct of each per-
son alleged to have caused or contributed to the
loss incurred by the plaintiff; and
(B) the nature and extent of the causal re-
lationship between the conduct of each such
person and the damages incurred by the plain-
tiff or plaintiffs.
(4) NONDISCLOSURE TO JURY.—The standard
for allocation of damages under paragraph (1) shall
not be disclosed to members of the jury.
SEC. 302. STATE OF MIND AND FORESEEABILITY.
(a) NEGLIGENCE.—With respect to any year 2000
claim for money damages, the defendant shall not be liable
unless the plaintiff establishes, in addition to all other req-
uisite elements of the claim, that the actions of the defend-
ant created an unreasonable risk of harm to the plaintiff.
(b) PRESERVATION OF EXISTING LAW.—Nothing in
subsection (a) shall be deemed to create any year 2000
claim or to relieve the plaintiff in any year 2000 civil ac-
tion of the obligation of that plaintiff to establish any ele-
ment of the cause of action of that plaintiff under applica-
ble law.
SEC. 303. REASONABLE EFFORTS DEFENSE.
Except for breach or repudiation of contract claims,
as to any year 2000 claim seeking money damages—
(1) the fact that a year 2000 failure occurred
in an entity, facility, system, product, or component
that was within the control of the party against
whom the claim is asserted shall not constitute the
sole basis for recovery; and
(2) the party against whom the claim is as-
serted shall be entitled to establish, as a complete
defense to the claim, that the party took measures
that were reasonable under the circumstances to pre-
vent the year 2000 failure from occurring or from
causing the damages upon which the claim is based.
SEC. 304. ECONOMIC LOSSES.
(a) IN GENERAL.—Subject to subsection (b), a party
to a year 2000 civil action may not recover economic losses
for a year 2000 claim based on tort unless the party is
able to show that at least one of the following cir-
cumstances exists:
(1) The recovery of these losses is provided for
in the contract to which the party seeking to recover
such losses is a party.
(2) If the contract is silent on those losses, and
the application of the applicable Federal or State
law that governed interpretation of the contract at
the time the contract was entered into would allow
recovery of such losses.
(3) These losses are incidental to a claim in the
year 2000 civil action based on personal injury
caused by a year 2000 failure.
(4) These losses are incidental to a claim in the
year 2000 civil action based on damage to tangible
property caused by a year 2000 failure.
(b) TREATMENT OF ECONOMIC LOSSES.—Economic
losses shall be recoverable in a year 2000 civil action only
if applicable Federal law, or applicable State law embodied
in statute or controlling judicial precedent as of January
1, 1999, permits the recovery of such losses in the action.
TITLE IV—CLASS ACTIONS
INVOLVING YEAR 2000 CLAIMS
SEC. 401. MINIMUM INJURY REQUIREMENT.
(a) IN GENERAL.—In any action involving a year
2000 claim that a product or service is defective, the ac-
tion may be maintained as a class action in Federal or
State court with respect to that claim only if—
(1) the claim satisfies all other prerequisites es-
tablished by applicable Federal or State law; and
(2) the court finds that the alleged defect in the
product or service was a material defect with respect
to a majority of the members of the class.
(b) DETERMINATION BY COURT.—
(1) IN GENERAL.—As soon as practicable after
the commencement of an action involving a year
2000 claim that a product or service is defective and
that is brought as a class action, the court shall de-
termine by order whether the requirement stated in
paragraph (1) is satisfied.
(2) ORDERS.—An order under this subsection
may be—
(A) conditional; and
(B) altered or amended before the decision
on the merits.
TITLE V—EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect on January 1, 1999.
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