Maine Revised Statutes Title 10 Sec. 1250-F – Civil remedies
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1. Civil remedies. A franchisee or personal sports mobile dealer who suffers financial loss of money or property, real or personal, or who has otherwise been adversely affected as a result of an unfair method of competition, an unfair or deceptive act or a violation of a provision of this chapter may bring an action for damages and equitable relief, including injunctive relief. When the franchisee or dealer prevails, the court shall award attorney’s fees to the franchisee or dealer regardless of the amount in controversy and assess costs against the opposing party. A final judgment, order or decree rendered against a person in a civil or administrative proceeding under this chapter or in a civil, criminal or administrative proceeding under the federal antitrust laws, the Federal Trade Commission Act, or any other part of the Maine Revised Statutes is prima facie evidence against that person subject to the conditions set forth in the federal antitrust laws, 15 United States Code § 16.
[PL 2001, c. 246, §2 (AMD).]
SECTION HISTORY
PL 1997, c. 473, §3 (NEW). PL 1997, c. 717, §5 (AMD). PL 2001, c. 246, §2 (AMD).
Terms Used In Maine Revised Statutes Title 10 Sec. 1250-F
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Franchisee: means a personal sports mobile dealer to whom a franchise is offered or granted. See Maine Revised Statutes Title 10 Sec. 1242
- person: includes any other entity in which the person has a majority interest or effectively controls, as well as the individual officers, directors and other persons in active control of the activities of each such entity. See Maine Revised Statutes Title 10 Sec. 1242
- Personal sports mobile: means any snowmobile as defined in Title 12, section 13001, subsection 25; any all-terrain vehicle as defined in Title 12, section 13001, subsection 3; any motorcycle as defined in Title 29?A, section 101, subsection 38; and any personal watercraft as defined in Title 12, section 13001, subsection 23. See Maine Revised Statutes Title 10 Sec. 1242
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72