Federal · Title 15 — Commerce and Trade

15 U.S.C. § 6604: Punitive damages limitations

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In any Y2K action in which punitive damages are permitted by applicable law, the defendant shall not be liable for punitive damages unless the plaintiff proves by clear and convincing evidence that the applicable standard for awarding damages has been met. three times the amount awarded for compensatory damages; or $250,000. is sued in his or her capacity as an individual; and whose net worth does not exceed $500,000; or that is an unincorporated business, a partnership, corporation, association, or organization, with fewer than 50 full-time employees. Paragraph (1) does not apply if the plaintiff establishes by clear and convincing evidence that the defendant acted with specific intent to injure the plaintiff. Punitive damages in a Y2K action may not be awarded against a government entity. Subject to paragraph (2), punitive damages in a Y2K action may not be awarded against an instituion 1 of higher education as defined in 1 So in original. Probably should be “institution”. section 1001(a) of title 20 . has passed Y2K data exchange testing with the Department of Education; or is not or was not in the process of performing data exchange testing with the Department of Education at the time the Department terminates such testing.

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