Michigan Laws 446.169 – Powers of attorney general relating to unlawful practice; action by target or affiliated person aggrieved by violation; remedies to plaintiff; bond
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Terms Used In Michigan Laws 446.169
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 446.163
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Target: means a person that purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the commercial market and that is, or later becomes, the subject of the patent infringement allegation. See Michigan Laws 446.163
(1) The attorney general may do all of the following related to unlawful practice under this act:
(a) Conduct a civil investigation as provided in section 9a.
(b) Enter into an assurance of discontinuance under section 9b.
(c) Bring a civil action as provided in section 9c.
(d) Promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) A target or an affiliated person aggrieved by a violation of this act may bring an action in the circuit court. The court may award the following remedies to a plaintiff that prevails in an action brought under this subsection:
(a) An injunction prohibiting any further written communication related to the unlawful practice giving rise to the action.
(b) Actual damages.
(c) Costs and fees, including reasonable attorney fees.
(d) Exemplary damages in an amount equal to 3 times the actual damages.
(3) On a motion by the plaintiff and a finding by the court that there is a reasonable likelihood that the defendant in an action under subsection (2) violated this act, the court may require the defendant to post a bond in an amount equal to a good-faith estimate of the plaintiff’s costs to litigate the claim and an amount reasonably likely to be awarded under subsection (2), conditioned on payment of any amount finally determined to be due to the plaintiff. The court shall not order a bond to be posted under this subsection that exceeds $250,000.00. A court may waive the bond requirement under this subsection if it finds the defendant has available assets equal to the amount of the proposed bond or for other good cause shown.