Page:United States Statutes at Large Volume 109 Part 1.djvu/776

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109 STAT. 760 PUBLIC LAW 104-67—DEC. 22, 1995 equal to more than 10 percent of the net worth of the plaintiff; and "(II) the net worth of the plaintiff is equal to less than $200,000. "(ii) OTHER PLAINTIFFS. —With respect to any plaintiff not described in subclauses (I) and (II) of clause (i), each covered person shall be liable for the uncollectible share in proportion to the percentage of responsibility of that covered person, except that the total liability of a covered person under this clause may not exceed 50 percent of the proportionate share of that covered person, as determined under paragraph (3)(B). "(iii) NET WORTH.— For purposes of this subparagraph, net worth shall be determined as of the date immediately preceding the date of the purchase or sale (as applicable) by the plaintiff of the security that is the subject of the action, and shall be equal to the fair market value of assets, minus liabilities, including the net value of the investments of the plaintiff in real and personal property (including personal residences). "(B) OVERALL LIMIT.— In no case shall the total pay- ments required pursuant to subparagraph (A) exceed the amount of the uncollectible share. "(C) COVERED PERSONS SUBJECT TO CONTRIBUTION.— A covered person against whom judgment is not collectible shall be subject to contribution and to any continuing liability to the plaintiff on the judgment. "(5) RIGHT OF CONTRIBUTION.—To the extent that a covered person is required to make an additional payment pursuant to paragraph (4), that covered person may recover contribution— "(A) from the covered person originally liable to make the payment; "(B) from any covered person liable jointly and severally pursuant to paragraph (2)(A); "(C) from any covered person held proportionately liable pursuant to this paragraph who is liable to make the same payment and has paid less than his or her proportionate share of that payment; or "(D) from any other person responsible for the conduct giving rise to the payment that would have been liable to make the same payment. "(6) NONDISCLOSURE TO JURY.—The standard for allocation of damages under paragraphs (2) and (3) and the procedure for reallocation of uncollectible shares under paragraph (4) shall not be disclosed to members of the jury. "(7) SETTLEMENT DISCHARGE.— "(A) IN GENERAL.—^A covered person who settles any private action at any time before final verdict or judgment shall be discharged from all claims for contribution brought by other persons. Upon entry of the settlement by the court, the court shall enter a bar order constituting the final discharge of all obligations to the plaintiff of the settling covered person arising out of the action. The order