§ 3-5-1106 — Civil action for violations - Damages - Venue

(a) If a supplier or wholesaler engages in conduct prohibited under this subchapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier or wholesaler that violates any provision of this subchapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney's fees incurred by a wholesaler as a result of that violation. (c) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this subchapter. (d) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this subchapter. (e) Any legal action taken under this subchapter or in a dispute over the provisions of an agreement, shall be filed in a court, state or federal, located in Arkansas, 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.

Legislative History

Acts 1991, No. 8, § 10; 1991, No. 866, § 10.