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3-5-1106. Civil action for violations — Damages — Venue.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-1106. Civil action for violations — Damages — Venue.
(a) If a supplier or wholesaler engages in conduct prohibited under this subchapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct.
(b) A supplier or wholesaler that violates any provision of this subchapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney's fees incurred by a wholesaler as a result of that violation.
(c) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this subchapter.
(d) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this subchapter.
(e) Any legal action taken under this subchapter or in a dispute over the provisions of an agreement, shall be filed in a court, state or federal, located in Arkansas, which state court is located in or which federal court has jurisdiction and venue of the county in which the wholesaler maintains its principal place of business in this state.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-1106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:3-5-1106
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: eb8a977ef92120e6b5091b9148a1b588623f1812b1c7b3e0120edc85f04ed38b
Source location: content.xml paragraph 4231
Stored source content
3-5-1106. Civil action for violations — Damages — Venue.
(a) If a supplier or wholesaler engages in conduct prohibited under this subchapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct.
(b) A supplier or wholesaler that violates any provision of this subchapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney's fees incurred by a wholesaler as a result of that violation.
(c) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this subchapter.
(d) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this subchapter.
(e) Any legal action taken under this subchapter or in a dispute over the provisions of an agreement, shall be filed in a court, state or federal, located in Arkansas, which state court is located in or which federal court has jurisdiction and venue of the county in which the wholesaler maintains its principal place of business in this state.
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