Utah Code 32B-14-402. Judicial remedies
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(1) A supplier or wholesaler who is a party to a distributorship agreement may maintain a civil action against the supplier or wholesaler in a court of competent jurisdiction in the county in which the wholesaler’s principal place of business is located if:
Terms Used In Utah Code 32B-14-402
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Distributorship agreement: means a written agreement between a supplier and a wholesaler pursuant to which the wholesaler has the right to purchase, resell, and distribute in a designated geographical area any brand of beer manufactured, imported, or distributed by the supplier. See Utah Code 32B-14-102
- 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.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Service of process: The service of writs or summonses to the appropriate party.
- Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
(1)(a) the supplier or wholesaler violates this chapter; or
(1)(b)
(1)(b)(i) the supplier and wholesaler are not able to mutually agree on reasonable compensation under Section 32B-14-401; and
(1)(b)(ii) the parties do not agree to submit the matter to arbitration in accordance with Section 32B-14-401 before or within 20 days following service of process on the electing party in the civil action.
(2)
(2)(a) The prevailing party in an action under Subsection (1) shall recover:
(2)(a)(i) actual damages, including the value of the wholesaler’s business as specified in Section 32B-14-401 if applicable; and
(2)(a)(ii) reasonable attorney fees and court costs.
(2)(b) In addition to the amount awarded under Subsection (2)(a), the court may grant such relief in law or equity as the court determines to be necessary or appropriate considering the purposes of this chapter.
(3) If either party elects arbitration under Subsection (1)(b)(ii) following service of process, the civil action is stayed pending a decision by the arbitration panel.