13-12-7 - District court's jurisdiction over violations -- Equitable relief -- Attorney's fees and costs -- Action for failure to renew -- Damages limited.
13-12-7. District court's jurisdiction over violations -- Equitable relief -- Attorney'sfees and costs -- Action for failure to renew -- Damages limited.
The district courts for the district wherein the dealer resides or wherein the dealership wasto be established shall have jurisdiction over any action involving a violation of this act. Inaddition to such relief as may be available at common law, the courts may grant such equitablerelief, both interim and final, as may be necessary to remedy those violations includingdeclaratory judgments, injunctive relief, and punitive damages as well as actual damages. Theprevailing party may, in the court's sole discretion, be awarded attorney's fees and expert witnessfees in addition to such other relief as the court may deem equitable. In any action for failure torenew an agreement, damages shall be limited to actual damages, including the value of thedealer's equity in the dealership, together with reasonable attorney's fees and costs.
Amended by Chapter 378, 2010 General Session