§ 18c-5203 — Award of Attorneys Fees

(1) Award to Complaining Shipper. In any court action to resolve a dispute within the scope of this Article, the court shall award reasonable attorney's fees to the complaining shipper if: (a) The shipper submitted a claim to the carrier within 120 days after delivery of the shipment is completed; (b) The shipper prevailed in the court action; and (c) Either: (i) No certified private dispute resolution procedure was available for use by the shipper at the time the court action was initiated; or (ii) (Blank). (iii) The court action was to enforce a timely decision rendered under the dispute resolution procedures specified by the Commission under this amendatory Act of 1995. (2) Award to carrier. In any court action to resolve a dispute within the scope of this Article, the court may award reasonable attorney's fees to the carrier if the shipper brought the action in bad faith after submitting the dispute for resolution under the dispute resolution procedures specified by the Commission.

Legislative History

(Source: P.A. 89-444, eff. 1-25-96.)