15 U.S.C. § 6605: Proportionate liability

Except in a Y2K action that is a contract action, and except as provided in subsections (b) through (g), a person against whom a final judgment is entered in a Y2K action shall be liable solely for the portion of the judgment that corresponds to the relative and proportionate responsibility of that person. In determining the percentage of responsibility of any defendant, the trier of fact shall determine that percentage as a percentage of the total fault of all persons, including the plaintiff, who caused or contributed to the total loss incurred by the plaintiff. the percentage of responsibility, if any, of each defendant, measured as a percentage of the total fault of all persons who caused or contributed to the loss incurred by the plaintiff; and acted with specific intent to injure the plaintiff; or knowingly committed fraud. The responses to interrogatories or findings under paragraph (1) shall specify the total amount of damages that the plaintiff is entitled to recover and the percentage of responsibility of each defendant found to have caused or contributed to the loss incurred by the plaintiff. the nature of the conduct of each person found to have caused or contributed to the loss incurred by the plaintiff; and the nature and extent of the causal relationship between the conduct of each such person and the damages incurred by the plaintiff. acted with specific intent to injure the plaintiff; or knowingly committed fraud. made an untrue statement of a material fact, with actual knowledge that the statement was false; omitted a fact necessary to make the statement not be misleading, with actual knowledge that, as a result of the omission, the statement was false; and knew that the plaintiff was reasonably likely to rely on the false statement. For purposes of subsection (b)(1)(B) and paragraph (1) of this subsection, reckless conduct by the defendant does not constitute either a specific intent to injure, or the knowing commission of fraud, by the defendant. Nothing in this section affects the right, under any other law, of a defendant to contribution with respect to another defendant found under subsection (b)(1)(B), or determined under paragraph (1)(B) of this subsection, to have acted with specific intent to injure the plaintiff or to have knowingly committed fraud. 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 the net worth of the plaintiff is less than $200,000. For a plaintiff not described in clause (i), each of the other defendants is liable for the uncollectible share in proportion to the percentage of responsibility of that defendant. For a plaintiff not described in clause (i), in addition to the share identified in clause (ii), the defendant is liable 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. The total payments required under subparagraph (A) from all defendants may not exceed the amount of the uncollectible share. A defendant against whom judgment is not collectible is subject to contribution and to any continuing liability to the plaintiff on the judgment. the plaintiff is a consumer whose suit alleges or arises out of a defect in a consumer product; and the plaintiff is suing as an individual and not as part of a class action. 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 parties similarly situated; or 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, consolidated, or otherwise proceed as a single action for any purpose. The term “consumer” means an individual who acquires a consumer product for purposes other than resale. The term “consumer product” means any personal property or service which is normally used for personal, family, or household purposes. from the defendant originally liable to make the payment; from any other defendant that is jointly and severally liable; from any other defendant held proportionately liable who is liable to make the same payment and has paid less than that other defendant’s proportionate share of that payment; or from any other person responsible for the conduct giving rise to the payment that would have been liable to make the same payment. The standard for allocation of damages under subsection (a) and subsection (b)(1), and the procedure for reallocation of uncollectible shares under paragraph (1) of this subsection, shall not be disclosed to members of the jury. by any person against the settling defendant; and by the settling defendant against any person other than a person whose liability has been extinguished by the settlement of the settling defendant. an amount that corresponds to the percentage of responsibility of that defendant; or the amount paid to the plaintiff by that defendant. A defendant who is jointly and severally liable for damages in any Y2K action that is not a contract action may recover contribution from any other person who, if joined in the original action, would have been liable for the same damages. A claim for contribution shall be determined based on the percentage of responsibility of the claimant and of each person against whom a claim for contribution is made. An action for contribution in connection with a Y2K action that is not a contract action shall be brought not later than 6 months after the entry of a final, nonappealable judgment in the Y2K action, except that an action for contribution brought by a defendant who was required to make an additional payment under subsection (d)(1) may be brought not later than 6 months after the date on which such payment was made. limits the liability of a defendant in a Y2K action to a lesser amount than the amount determined under this section; or otherwise affords a greater degree of protection from joint or several liability than is afforded by this section.