O.C.G.A.
O.C.G.A.

O.C.G.A. § 13-8-40 (2019)

Damages recoverable for injuries sustained by violations of article; class actions; punitive damages

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section 13-8-35, any person who shall be injured in his business or property by reason of anything forbidden in this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney’s fee.

(b) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunctive relief.

(c) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law.

History

(Code 1981, § 13-8-40, enacted by Ga. L. 1993, p. 1585, § 4.)

Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: Sheet Metal Workers Local 441 Health & Welfare Plan v. Glaxosmithkline, PLC, 737 F. Supp. 2d 380 (E.D. Pa. 2010).
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Sheet Metal Workers Local 441 Health & Welfare Plan v. Glaxosmithkline, PLC, 737 F. Supp. 2d 380 (E.D. Pa. 2010). “Georgia GSK seeks dismissal of plaintiffs’ Georgia unjust enrichment claim, arguing that the relief provision of Georgia’s antitrust *433 statute, Ga. Code Ann. § 13-8-40 (a), only provides for injunctive relief or damages, and that Georgia law requires conferral of a direct…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.