Maine Revised Statutes Title 10 Sec. 1680 – Private right of action
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Terms Used In Maine Revised Statutes Title 10 Sec. 1680
- 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
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Refiner: means any person who is engaged directly or indirectly or whose affiliate is engaged directly or indirectly in the refining of crude oil, including any person who is engaged directly or indirectly in the production of crude oil who contracts with another person to refine petroleum products for the purpose of resale. See Maine Revised Statutes Title 10 Sec. 1672
- Retailer: means a person that sells motor fuel oil or home heating oil to an end user for consumption in the State. See Maine Revised Statutes Title 10 Sec. 1672
- Wholesaler: means a person that sells motor fuel oil or home heating oil for resale through retail outlets and retailers. See Maine Revised Statutes Title 10 Sec. 1672
A retailer, wholesaler or refiner who is injured as a result of a violation of Title 5, section 207 or section 1676 may maintain a civil action in Superior Court against the violator for damages and equitable relief. In any action, the Superior Court shall enter a temporary, preliminary or permanent injunction to restrain further violations or threatened violations of section 1676, regardless of whether the complaining party has an adequate remedy in damages. If the complaining party prevails in any action, the party is entitled to an award of reasonable attorneys’ fees and court costs, including expert witness fees. [PL 1991, c. 836, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 836, §3 (NEW).