§ 5-04-08 — Judicial remedies

North Dakota § 5-04-08

• Jurisdiction: North Dakota
• Title 5: Alcoholic Beverages
• Ch. 5-04: Beer Wholesaler and Brewer Relationships

Text

If a brewer engages in conduct prohibited under this chapter, a wholesaler, with whom the
brewer has an agreement pursuant to this chapter, may maintain a suit against the brewer. The
venue of any legal action taken under this section, or pursuant to a dispute arising out of an
agreement or breach thereof, or over the provisions of an agreement, is a court, state or federal,
located in North Dakota, or where the wholesaler maintains its principal place of business in this
state. The court may grant equitable relief as is necessary to remedy the effects of conduct
which it finds to exist and which is prohibited under this chapter, including, but not limited to,
declaratory judgment and injunctive relief. The court may award actual damages and costs. If
the court finds the brewer has acted in bad faith in invoking amendment, termination,
cancellation, or nonrenewal under this chapter or has unreasonably withheld its consent to any
assignment, transfer, or sale of the wholesaler's agreement, the court may also award
reasonable attorney's fees.