67-7-21 - Civil damage actions for violations of chapter; damages and costs recoverable; actions for declaratory and injunctive relief; venue. - Mississippi Statutes

§ 67-7-21. Civil damage actions for violations of chapter; damages and costs recoverable; actions for declaratory and injunctive relief; venue.
 

(1)  If a supplier or wholesaler engages in conduct prohibited under this chapter, either party may maintain a civil action against the other to recover actual damages reasonably incurred as the result of the prohibited conduct. 

(2)  A supplier or wholesaler that violates any provision of this chapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney fees incurred by the other party as a result of that violation. 

(3)  A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this chapter. 

(4)  Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this chapter. 

(5)  Any legal action taken under this chapter, or in a dispute over the provisions of an agreement shall be filed in a court, state or federal, located in Mississippi, which state court is located in, or which federal court has jurisdiction and venue of, the county in which the wholesaler maintains its principal place of business in this state. 
 

Sources: Laws,  1995, ch. 619, § 11, eff from and after passage (approved April 7, 1995).