123A.9 - JUDICIAL REMEDIES.
123A.9 JUDICIAL REMEDIES.
1. If a brewer or a wholesaler who is a party to an agreement
pursuant to this chapter fails to comply with this chapter or
otherwise engages in conduct prohibited under this chapter, the
aggrieved party may maintain a civil action in district court if the
cause of action directly relates to or stems from the relationship of
the individual parties under the agreement.
2. A brewer or wholesaler may bring an action for declaratory
judgment for determination of any controversy arising under this
chapter or out of the brewer and wholesaler agreement.
3. Upon proper petition to the district court, a brewer or
wholesaler may obtain injunctive relief against a violation of this
chapter.
4. In an action under subsection 1, the district court may grant
the relief as the court determines is necessary or appropriate
considering the purposes of this chapter. The district court may, if
it finds that a brewer has acted in bad faith in invoking the
amendment, modification, cancellation, nonrenewal, or termination
provision of the agreement between the brewer and wholesaler, or has
unreasonably withheld its consent to any assignment, transfer, or
sale of the wholesaler's business, award equitable relief, actual
damages, court costs, and attorney's fees.
5. The prevailing party in an action under subsection 1 shall be
entitled to actual damages, court costs, and attorney's fees at the
court's discretion.
6. With respect to a dispute arising under this chapter or out of
the agreement between a brewer and wholesaler, the wholesaler and
brewer each has the absolute right, before the wholesaler or brewer
has agreed to arbitrate a particular dispute, to refuse to arbitrate
that particular dispute. A brewer shall not, as a condition of
entering into or renewing an agreement, require the wholesaler to
agree to arbitration in lieu of judicial remedies.
7. A brewer shall not take retaliatory action against a
wholesaler who files or manifests an intention to file a complaint of
alleged violation of state or federal law or regulation by the brewer
with the appropriate state or federal regulatory authority.
Retaliatory action shall include, but shall not be limited to,
refusal without good cause to continue the agreement, or a material
reduction in the quality of service or quantity of products available
to the wholesaler under the agreement, or impede the normal business
operations of the wholesaler. Section History: Recent Form
95 Acts, ch 101, §9
Referred to in § 123A.7