Current through Acts 2023-2024, ch. 1069
Section 57-5-510 - Legal remedies(a) If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages, all court costs, and, in the court's discretion, attorney's fees, reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages, all court costs, and, in the court's discretion, attorney's fees, reasonably incurred as a result of the prohibited conduct. Actual damages shall include damages to any ancillary business of the wholesaler incurred as a result of the prohibited conduct.(b) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this part.(c) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this part.(d) The remedies provided by this section shall not abolish any other cause of action or remedy available to the supplier or the wholesaler.(e) Any legal action taken under this part, or pursuant to a dispute arising out of an agreement or breach thereof, or over the provisions of an agreement, shall be filed in a court, state or federal, located in Tennessee, which state court is located in, or which federal court has jurisdiction and venue of, the county in which the wholesaler maintains its principal place of business in this state.Acts 1990, ch. 618, § 10.