§ 60-1440 — Violations; actions for damages and equitable relief; arbitration

Nebraska § 60-1440

• Jurisdiction: Nebraska
• Ch. 60: Motor Vehicles

Text

(1) Any person who is or may
be injured by a violation of the
Motor Vehicle Industry Regulation Act or any party to a franchise
whose business or property is damaged by a violation of the act relating to that franchise may bring
an action for damages and equitable relief, including injunctive relief.
(2) When a violation of the
act can be shown to be willful or wanton, the court shall award
damages. If the manufacturer engages in continued multiple violations of the act, the court may, in
addition 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 loss
of money or property, may obtain final equitable relief if it can be shown
that a violation of the
act by a manufacturer may have the effect of causing such loss
of money or property.
(4) If any action to enforce any of the provisions of the act is brought by a new motor vehicle dealer
against a manufacturer and the new motor vehicle dealer prevails, he or she
shall be awarded reasonable attorney's fees and the court shall assess costs
against the manufacturer.
(5) If any dispute between a franchisor and franchisee becomes subject
to resolution by means of binding arbitration, the provisions of the act regulating the relationship
of franchisor and franchisee shall apply in any such proceeding.

Legislative History

Source: Laws 1984, LB 825, § 31; Laws 1989, LB 280, § 9; Laws 2010, LB816, § 85.