Missouri Laws 407.835 – Franchisee’s right to action for damages, injunction, when — recovery of ..
1. Notwithstanding any provision of the franchise to the contrary, in addition to the administrative relief provided in sections 407.810 to 407.835, any franchisee may bring an action in any court of competent jurisdiction against a franchisor with whom the franchisee has a franchise, manufacturer, distributor, or importer for an act or omission which constitutes a violation of a franchise or the MVFP act to recover actual damages sustained by reason thereof, plus actual and reasonable expenses of litigation, including, but not limited to, depositions, transcripts, expert witnesses, and attorney fees, and, where appropriate, such franchisee shall be entitled to injunctive relief, but the remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law or equity.
2. In any action wherein a franchisor, manufacturer, distributor, or importer has been found liable in damages to any franchisee for a willful violation of a franchise or the MVFP act, then any franchisee so damaged shall be entitled to recover actual damages sustained thereby, plus actual and reasonable expenses of litigation, including, but not limited to, depositions, transcripts, expert witnesses, and attorney fees, and, where appropriate, such motor vehicle franchisee shall be entitled to injunctive relief, but the remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law or equity. In addition, a court or jury may award a franchisee punitive damages in such amount as it deems appropriate.
Terms Used In Missouri Laws 407.835
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
3. In the event of a dispute between a franchisee and a franchisor:
(1) At the option of the franchisee, venue of any civil action, other than a proceeding before the administrative hearing commission, shall be proper in the circuit court of Cole County or the circuit court in the judicial circuit where the franchisee resides or has its principal place of business;
(2) Missouri law shall govern the franchise and the dispute, both substantively and procedurally;
(3) No mandatory arbitration provision in any franchise shall be valid;
(4) No waiver of jury trial in any franchise shall be valid;
(5) No provision in any franchise providing for a franchisee to pay a franchisor’s attorney fees, mediation costs, arbitration costs, or litigation costs shall be valid;
(6) No provision in any franchise providing for mediation, arbitration, or litigation to occur outside this state shall be valid; and
(7) Unless otherwise provided in the MVFP act, the franchisor shall have the burden of proving by a preponderance of the evidence that it has acted in good faith, that all required notices were given, that good cause exists for its actions, and that its actions were fair and reasonable giving due regard to the equities of the affected parties, except for the franchisee’s damages and expenses of litigation.