Page:United States Statutes at Large Volume 113 Part 1.djvu/219

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PUBLIC LAW 106-37-^JULY 20, 1999 113 STAT. 195 consolidated, or otherwise proceed as a single action for any purpose. (II) The term "consumer" means aui individual who acquires a consumer product for purposes other than reseJe. (III) The term "consimier product" means any personal property or service which is normeJly used for personal, family, or household purposes, (2) SPECIAL RIGHT OF CONTRIBUTION.—To the extent that a defendeuit is required to make an additioned payment under paragraph (1), that defendant may recover contribution— (A) from the defendant originally liable to maike the payment; (B) from any other defendant that is jointly and severgdly liable; (C) from any other defendsuit held proportionately liable who is liable to meike the same payment and has paid less than that other defendant's 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. (3) NONDISCLOSURE TO JURY.—The standard for allocation of damages under subsection (a) and subsection (b)(1), and the procedure for resdlocation of uncollectible sheu-es under pgiragraph (1) of this subsection, shall not be disclosed to members of the jury. (e) SETTLEMENT DISCHARGE.— (1) IN GENERAL.—^A defendant who settles a Y2K action that is not a contract action at any time before finEd verdict or judgment shall be dischsirged from all claims for contribution brought by other persons. Upon entry of the settlement by Courts. the court, the court shall enter an order constituting the final discharge of all obligations to the plaintiff of the settling defendant arising out of the action, llie order shall bar sdl future claims for contribution arising out of the action— (A) by any person against the settling defendant; and (B) by the settling defendant against any person other thsm a person whose liability has been extinguished by the settlement of the settling defendant. (2) REDUCTION.—I f a defendant enters into a settlement with the plaintiff before the final verdict or judgment, the verdict or judgment shall be reduced by the greater of— (A) an amoiuit that corresponds to the percentage of responsibility of that defendant; or (B) the amount pedd to the plaintiff by that defendant. (f) GENERAL RIGHT OF CONTRIBUTION.— (1) IN GENERAL.—^A defendant who is jointly and severally liable for dsunages in any Y2K action that is not a contract action may recover contribution from any other person who, if joined in the origined 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 cledm for contribution is made. (2) STATUTE OF LIAHTATIONS FOR CONTRIBUTION. — An action for contribution in connection with a Y2K action that is not a contract action shall be brought not later than 6 months