Application of prior law in certain cases
The phrase “(other than punitive damages)” shall not apply to punitive damages awarded in a civil action—
(1)
(1)#
which is a wrongful death action, and
(2)#
with respect to which applicable State law (as in effect on September 13, 1995 and without regard to any modification after such date) provides, or has been construed to provide by a court of competent jurisdiction pursuant to a decision issued on or before September 13, 1995 , that only punitive damages may be awarded in such an action.