§ 24-3-2-12 — Injunction

Indiana § 24-3-2-12

• Jurisdiction: Indiana
• Art. 3: TOBACCO PRODUCTS
• Ch. 2: Cigarette Fair Trade Act

Text

(a) The department, or any person injured by
any violation or who shall suffer injury from any threatened violation
of this chapter, may maintain an action in any court of equitable
jurisdiction to prevent, restrain, or enjoin such violation or threatened
violation. If in such action a violation or threatened violation of this
chapter shall be established, the court shall enjoin and restrain or
otherwise prohibit such violation or threatened violation, and in
addition thereto, the court shall assess in favor of the plaintiff and
against the defendant the costs of suit including reasonable attorney's
fees. In such action it shall not be necessary that actual damages to the
plaintiff be alleged or proved, but where alleged and proved, the
plaintiff in said action, in addition to such injunctive relief and costs of
suit, including reasonable attorney's fees, shall be entitled to recover
from the defendant the actual damages sustained by him.
(b) In the event that no injunctive relief is sought or required, any
person injured by a violation of this chapter may maintain an action for
damages and costs of suit in any court of general jurisdiction.
Formerly: Acts 1949, c.51, s.12. As amended by P.L.152-1986,
SEC.42.