Continuing Y2K litigation Issues
[T]he purposes of this Act are-(l) to establish uniform legal standards that give all businesses and users of technology products reasonable incentives to solve year 2000 computer date-change problems before they develop; (2) to encourage continued remediation and testing efforts to solve such problems by providers, suppliers, customers, and other contracting partners; (3) to encourage private and public parties alike to resolve disputes relating to year 2000 computer date-change problems by alter¬native dispute mechanisms in order to avoid costly and time-consuming litigation, to initiate those mech¬anisms as early as possible, and to encourage the prompt identification and correction of such problems; and (4) to lessen the burdens on interstate commerce by discouraging insubstantial lawsuits while preserving the ability of individuals and businesses that have suffered real injury to obtain complete relief.
To accomplish these basic goals the Act imposes various procedural and substantive limitations on Y2K litigation. More related details at the Technology Blog Before filing suit advance notice must be given to the defendant. The defendant may then elect to remediate the failure or submit the matter to some form of alternative dispute resolution, such as mediation or arbitration. Until the defendant is given the opportunity to cure or informally resolve the dispute. the Act empowers the court to stay the plaintiff’s case. The Act also imposes additional pleading requirements on prospective Y2K plaintiffs. A Y2K plaintiff must specifically plead the nature and amount of each element of damage, including a description of any material defects upon which the lawsuit is based.