Federal · Title 15 — Commerce and Trade
15 U.S.C. § 6614: Y2K actions as class actions
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it satisfies all other prerequisites established by applicable Federal or State law, including applicable rules of civil procedure; and the court finds that the defect in a product or service as alleged would be a material defect for the majority of the members of the class. a concise and clear description of the nature of the action; the jurisdiction where the case is pending; and 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. 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. a substantial majority of the members of the proposed plaintiff class are citizens of a single State; the primary defendants are citizens of that State; and the claims asserted will be governed primarily by the laws of that State; the primary defendants are States, State officials, or other governmental entities against whom the district courts of the United States may be foreclosed from ordering relief; the plaintiff class does not seek an award of punitive damages, and the amount in controversy is less than the sum of $10,000,000 (exclusive of interest and costs), computed on the basis of all claims to be determined in the action; or there are less than 100 members of the proposed plaintiff class. the action is subject to the jurisdiction of the court solely under this subsection; and the court determines the action may not proceed as a class action based on a failure to satisfy the conditions of Rule 23 of the Federal Rules of Civil Procedure. Nothing in paragraph (A) shall prohibit plaintiffs from filing an amended class action in Federal or State court. A defendant shall have the right to remove such an amended class action to a United States district court under this subsection. Upon dismissal or remand, the period of limitations for any claim that was asserted in an action on behalf of any named or unnamed member of any proposed class shall be deemed tolled to the full extent provided under Federal law. The dismissal of a Y2K action under subparagraph (A) shall be without prejudice. Except as otherwise provided in this section, nothing in this section supersedes any rule of Federal or State civil procedure applicable to class actions.
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