15 U.S.C. § 3611 — Additional remedies
submitted 46 years ago by Pub. L. 96-399 to r/title-15-COMMERCE-AND-TRADE · 167 words · no verdicts yet
This section allows a person harmed by a violation of this chapter to sue and describes possible damages, contributions, fees, and costs. It also permits a defendant to recover fees in a frivolous, malicious, or substantially meritless case.
(a) Suits at law or equity. Unless sections 3607 or 3608 limit the remedy, a person harmed by a violation may sue in law or equity. (b) Actual damages. In an action authorized by this section for violating section 3607 or 3609, if the person suffered actual damages, the court may award those damages or other relief it considers fair, just, and equitable. (c) Contribution. A person required to make a payment under this section may recover contributions from anyone who, if sued separately, would have been liable for the same payment. (d) Recoverable amounts; defendant’s fees. Recovery may include interest paid, reasonable attorney fees, independent-engineer and appraiser fees, and court costs. A defendant may recover reasonable attorney fees if the court finds the plaintiff’s claim frivolous, malicious, or lacking substantial merit.
Unless otherwise limited as in section 3607 or 3608 of this title, any person aggrieved by a violation of this chapter may sue at law or in equity.
In any action authorized by this section for a violation of section 3607 or 3609 of this title where actual damages have been suffered, such damages may be awarded or such other relief granted as deemed fair, just, and equitable.
Every person who becomes liable to make any payment under this section may recover contributions from any person who if sued separately, would have been liable to make the same payment.
The amounts recoverable under this section may include interest paid, reasonable attorneys’ fees, independent engineer and appraisers’ fees, and court costs. A defendant may recover reasonable attorneys’ fees if the court determines that the cause of action filed by the plaintiff is frivolous, malicious, or lacking in substantial merit.
Source credit: (Pub. L. 96–399, title VI, § 612, Oct. 8, 1980, 94 Stat. 1679.)
- 1980Enacted · Pub. L. 96-399 · 94 Stat. 1679
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-399 on 1980-10-08.
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