In any action brought under Sections 8-22-15, 8-22-16 or person injured from violation of chapter authorized; injunctive relief; damages; attorneys fees; jurisdiction” class=”unlinked-ref” datatype=”S” sessionyear=”2020″ statecd=”AL” title=”8″>8-22-17, upon a prima facie showing of a violation, the burden of rebutting the prima facie case thus made by showing justification shall shift to the defendant. A prima facie showing of a violation shall be constituted if the plaintiff shows:

(1) That the plaintiff’s purchase price from a refiner or wholesaler is greater than said refiner’s transfer price; or

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7
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Terms Used In Alabama Code 8-22-18

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(2) That the plaintiff’s purchase price from a refiner or wholesaler plus the plaintiff’s cost of doing business is greater than said refiner’s or wholesaler’s retail posted sales price; or
(3) That the plaintiff’s basic cost of motor fuel plus the plaintiff’s cost of doing business is greater than the posted sales price at a retail location of a competitor, within the plaintiff’s marketing area, suspected of selling motor fuel in violation of this chapter.
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