West Virginia Code 21-5G-5 – Civil relief; damages
Current as of: 2023 | Check for updates
|
Other versions
Any person injured as a result of any violation or threatened violation of this article shall have a cause of action, and, if proven in a court of competent jurisdiction, may be entitled to the following relief against a person or persons violating or threatening to violate this article:
Terms Used In West Virginia Code 21-5G-5
- 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
- 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.
- person: means any individual, proprietorship, partnership, firm, association, corporation, labor organization or any other legal entity. See West Virginia Code 21-5G-1
(1) Compensatory damages;
(2) Costs and reasonable attorney fees, which shall be awarded if the injured person substantially prevails;
(3) Punitive damages in accordance with the provisions of section twenty-nine, article seven, chapter fifty-five of this code;
(4) Preliminary and permanent injunctive relief; and
(5) Any other appropriate equitable relief.