Nebraska Statutes 59-1515. Sale of cigarettes; actions; remedies
(1) An action may be maintained in any court of equitable jurisdiction to prevent, restrain or enjoin a violation or threatened violation of any of the provisions of sections 59-1501 to 59-1518. Such an action may be instituted by any person injured by any violation or threatened violation of sections 59-1501 to 59-1518 or by the Attorney General, upon the request of the division. If in such action a violation or threatened violation of the provisions of sections 59-1501 to 59-1518 shall be established, the court shall enjoin and restrain, or otherwise prohibit such violation or threatened violation. In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in such action, in addition to such injunctive relief and costs of suit, including reasonable attorney’s fees, shall be entitled to recover from the defendant the actual damages sustained by such plaintiff.
Terms Used In Nebraska Statutes 59-1515
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- 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.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Plaintiff: The person who files the complaint in a civil lawsuit.
(2) If no injunctive relief is sought or required, any person injured by a violation of sections 59-1501 to 59-1518 may maintain an action for damages and costs of suit in any court of competent jurisdiction.