Any person who is injured in his or her business or property by a violation of sections 59-1602 to 59-1606, whether such injured person dealt directly or indirectly with the defendant, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of sections 59-1603 to 59-1606, may bring a civil action in the district court to enjoin further violations, to recover the actual damages sustained by him or her, or both, together with the costs of the suit, including a reasonable attorney's fee, and the court may in its discretion, increase the award of damages to an amount which bears a reasonable relation to the actual damages which have been sustained and which damages are not susceptible of measurement by ordinary pecuniary standards; except that such increased award for violation of section 59-1602 shall not exceed one thousand dollars. For the purpose of this section, person shall include the counties, the municipalities, and all political subdivisions of this state.
Whenever the State of Nebraska is injured by reason of a violation of sections 59-1603 to 59-1606, it may sue therefor in the district court to recover the actual damages sustained by it and to recover the costs of the suit including a reasonable attorney's fee.
Notes of Decisions
Arthur v. Microsoft Corp. (2004)
neb · cites it 32×
“"§ 59-1609. Federal antitrust law contains provisions corresponding to §§ 59-1604 and 59-1609: "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several…”
Kanne v. Visa U.S.A. Inc. (2006)
neb · cites it 2×
“The court also held that appellants are not indirect purchasers entitled to bring suit because they did not purchase Visa’s or MasterCard’s debit card services, either directly or indirectly, The court also dismissed appellants’ claim under the Consumer Protection Act after…”
Nelson v. Lusterstone Surfacing Co. (2000)
neb · cites it 3×
“” Section 59-1609 creates a private right of action to persons injured by certain violations of the CPA, including violations of § 59-1602.”
Jenkins v. Pech (2014)
ned · cites it 6×
“She seeks a judgment in her favor, and in favor of the class she seeks to represent, for damages, injunctive relief, costs and reasonable attorney fees and “such other and further relief as the Court shall allow, pursuant to Neb.Rev. Stat. § 59-1609.” Filing No. 6, Amended…”
Little v. Gillette (1984)
neb · cites it 4×
“These motions were overruled on May 9, 1983, and the court requested Little to submit information relative to award of attorney fees under § 59-1609. Appellants, having orally suggested the possibility that § 59-1617 exempted them from liability under the Consumer Protection…”
Salem Grain Co. v. Consolidated Grain & Barge Co. (2017)
neb
“As a result, it asserts that the conspiracy to provide CGB an unfair advantage in the marketplace by violating the NOMA was a violation of the NCPA under §§ 59-1602 and 59-1603, which damaged Salem and created a cause of action under § 59-1609. Further, it contends that the…”
White v. Medico Life Insurance (1982)
neb · cites it 2×
“Section 59-1609 provides, among other things, that one injured in his business or property by violation of § 59-1602 may bring a civil action to, in addition to certain other items, recover his actual damages.”
In re Gen. Motors LLC (2018)
ilsd
“and the court may in its discretion, increase the award of damages to an amount which bears a reasonable relation to the actual damages which have been sustained and which damages are not susceptible of measurement by ordinary pecuniary standards.”
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