60-1440 Violations; actions for damages and equitable relief; arbitration. - Nebraska Statutes

60-1440. Violations; actions for damages andequitable relief; arbitration.(1) Any person who is or maybe injured by a violation of theMotor Vehicle Industry Regulation Act or any party to a franchisewhose business or property is damaged by a violation of the act relating to that franchise may bringan action for damages and equitable relief, including injunctive relief.(2) When a violation of theact can be shown to be willful or wanton, the court shall awarddamages. If the manufacturer engages in continued multiple violations of the act, the court may, inaddition to any other damages, award court costs and attorney's fees.(3) A new motor vehicle dealer, if he or she has not suffered any lossof money or property, may obtain final equitable relief if it can be shownthat a violation of theact by a manufacturer may have the effect of causing such lossof money or property.(4) If any action to enforce any of the provisions of the act is brought by a new motor vehicle dealeragainst a manufacturer and the new motor vehicle dealer prevails, he or sheshall be awarded reasonable attorney's fees and the court shall assess costsagainst the manufacturer.(5) If any dispute between a franchisor and franchisee becomes subjectto resolution by means of binding arbitration, the provisions of the act regulating the relationshipof franchisor and franchisee shall apply in any such proceeding. SourceLaws 1984, LB 825, § 31; Laws 1989, LB 280, § 9; Laws 2010, LB816, § 85.