Kentucky Statutes 365.350 – Actions for violations or threatened violations — Remedies — Actual damages need not be alleged or proved — Costs
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(1) The department, or any person injured by any violation, or who may suffer injury from any threatened violation of KRS § 365.260 to KRS § 365.380, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin the violation or threatened violation. If a violation or threatened violation of KRS § 365.260 to
365.380 shall be established, the court shall enjoin and restrain, or otherwise prohibit, the violations or threatened violation. In addition, the court shall assess in favor of the plaintiff and against the defendant the cost of the suit, including reasonable attorney‘s fees. It shall not be necessary that actual damages to the plaintiff be alleged or proved, but if alleged and proved, the plaintiff in the action, in addition to injunctive relief, the costs of the suit, and reasonable attorney’s fees, shall be entitled to recover from the defendant the actual damages sustained by him.
(2) If no injunctive relief is sought or required, any person injured by a violation of KRS § 365.260 to KRS § 365.380 may maintain an action for damages and the costs of suit in any court of general jurisdiction.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 688, effective June 20, 2005. — Amended
1990 Ky. Acts ch. 280, sec. 9, effective July 13, 1990. — Created 1956 Ky. Acts ch.
243, sec. 11, effective May 18, 1956.
365.380 shall be established, the court shall enjoin and restrain, or otherwise prohibit, the violations or threatened violation. In addition, the court shall assess in favor of the plaintiff and against the defendant the cost of the suit, including reasonable attorney‘s fees. It shall not be necessary that actual damages to the plaintiff be alleged or proved, but if alleged and proved, the plaintiff in the action, in addition to injunctive relief, the costs of the suit, and reasonable attorney’s fees, shall be entitled to recover from the defendant the actual damages sustained by him.
Terms Used In Kentucky Statutes 365.350
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(2) If no injunctive relief is sought or required, any person injured by a violation of KRS § 365.260 to KRS § 365.380 may maintain an action for damages and the costs of suit in any court of general jurisdiction.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 688, effective June 20, 2005. — Amended
1990 Ky. Acts ch. 280, sec. 9, effective July 13, 1990. — Created 1956 Ky. Acts ch.
243, sec. 11, effective May 18, 1956.