Ala. Code § 8-22-17

Equity Action by Person Injured from Violation of Chapter Authorized; Injunctive Relief; Damages; Attorneys Fees; Jurisdiction

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Section 8-22-17

Equity Action by Person Injured from Violation of Chapter Authorized; Injunctive Relief; Damages; Attorneys Fees; Jurisdiction.

(a) Any person injured by any violation, or who would suffer injury from any threatened violation, of this chapter may maintain an action in any court of equity 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 cost of suit, including reasonable attorney’s fees, shall be entitled to recover from the defendant the damages sustained by him.

(b) A person injured as a result of an act or practice which violates this chapter may bring a civil action for appropriate relief, including an action for a declaratory judgment, injunctive relief, and for actual damages. Any actual damages found to have resulted from violations of this chapter shall be trebled by the court in making its award. Any action under this subsection shall be brought within two years after the alleged violations occurred.

(c) The court, in making an award under subsection (b) of this section, may award court costs and reasonable attorney’s fees to the prevailing party.

(d) The courts of this state are empowered with jurisdiction to hear and determine all cases brought under this section. Venue lies in any county where the defendant or any of them resides or does business or where the cause of action accrues.

(Acts 1984, No. 84-260, p. 433, §17.)

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Notes of Decisions

Cited in 6 cases, 1987–2003 · leading case: Home Oil Co., Inc. v. Sam's East, Inc.

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Home Oil Co., Inc. v. Sam's East, Inc. (2002) almd · cites it 9× “11 Seeking only injunctive relief, attorney’s fees and costs, pursuant to § 8-22-17 and civil penalties authorized by § 8-22-16 of the Alabama Motor Fuel Marketing Act (AMFMA), Home Oil charges Sam’s with violating the Act’s prohibition on “below cost” fuel sales where the…”

Home Oil Co. Inc. v. Sam's East, Inc. (2003) almd · cites it 3× “) Because section 8-22-17, which provides for remedies in a private action, makes no mention of civil penalties, and because section 8-22-16 makes no mention of a private right of action for civil penalties, Sam’s claims that such a right cannot be implied and, therefore, Home…”

State Ex Rel. Galanos v. Mapco Petroleum (1987) ala “); to fines of up to $10,000 per day and injunctions for violations (§ 8-22-16); to actions brought by persons suffering injury (§ 8-22-17); and to prima facie showings by such plaintiffs of violations by defendants (§ 8-22-18).”

McGuire Oil Co. v. Mapco Petroleum, Inc. (1991) alsd · cites it 3× “Section 8-22-17 contains the pertinent standing language: [A]ny persons injured as a result of an act or practice which violates this chapter may bring a civil action for appropriate relief, including an action for declaratory relief, injunctive relief, and for damages.”

McGuire Oil Co. v. Mapco, Inc. (1992) · cites it 3× “” Ala.Code 8-22-17. 15 In this case, Mapco alleges that plaintiffs sold gas at wholesale at discriminatory prices, charging its retail affiliates less than other of their customers.”

Mcguire Oil Company v. Mapco, Inc. (1992) “" Ala.Code 8-22-17. 15 In this case, Mapco alleges that plaintiffs sold gas at wholesale at discriminatory prices, charging its retail affiliates less than other of their customers.”

— Ala. Code § 8-22-17(a) — 1 case

Home Oil Co., Inc. v. Sam's East, Inc. (2002) almd “11 Seeking only injunctive relief, attorney’s fees and costs, pursuant to § 8-22-17 and civil penalties authorized by § 8-22-16 of the Alabama Motor Fuel Marketing Act (AMFMA), Home Oil charges Sam’s with violating the Act’s prohibition on “below cost” fuel sales where the…”

— Ala. Code § 8-22-17(b) — 2 cases

McGuire Oil Co. v. Mapco Petroleum, Inc. (1991) alsd “Section 8-22-17 contains the pertinent standing language: [A]ny persons injured as a result of an act or practice which violates this chapter may bring a civil action for appropriate relief, including an action for declaratory relief, injunctive relief, and for damages.”

McGuire Oil Co. v. Mapco, Inc. (1992) “” Ala.Code 8-22-17. 15 In this case, Mapco alleges that plaintiffs sold gas at wholesale at discriminatory prices, charging its retail affiliates less than other of their customers.”

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