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U.S. Code as of:
01/03/05
Section 2305. Enforcement provisions
(a) Civil actions by persons aggrieved; preventive relief;
attorneys' fees; security
Whenever any handler has engaged or there are reasonable grounds
to believe that any handler is about to engage in any act or
practice prohibited by section 2303 of this title, a civil action
for preventive relief, including an application for a permanent or
temporary injunction, restraining order, or other order, may be
instituted by the person aggrieved. In any action commenced
pursuant hereto, the court, in its discretion, may allow the
prevailing party a reasonable attorney's fee as part of the costs.
The court may provide that no restraining order or preliminary
injunction shall issue except upon the giving of security by the
applicant, in such sum as the court deems proper, for the payment
of such costs and damages as may be incurred or suffered by any
party who is found to have been wrongfully enjoined or restrained.
(b) Civil actions by Attorney General; Federal jurisdiction;
complaint; preventive relief
Whenever the Secretary of Agriculture has reasonable cause to
believe that any handler, or group of handlers, has engaged in any
act or practice prohibited by section 2303 of this title, he may
request the Attorney General to bring civil action in his behalf in
the appropriate district court of the United States by filing with
it a complaint (1) setting forth facts pertaining to such act or
practice, and (2) requesting such preventive relief, including an
application for a permanent or temporary injunction, restraining
order, or other order against the handler, or handlers, responsible
for such acts or practices. Upon receipt of such request, the
Attorney General is authorized to file such complaint.
(c) Suits by persons injured; Federal jurisdiction; amount of
recovery; attorneys' fees; limitation of actions
Any person injured in his business or property by reason of any
violation of, or combination or conspiracy to violate, any
provision of section 2303 of this title may sue therefor in the
appropriate district court of the United States without respect to
the amount in controversy, and shall recover damages sustained. In
any action commenced pursuant to this subsection, the court may
allow the prevailing party a reasonable attorney's fee as a part of
the costs. Any action to enforce any cause of action under this
subsection shall be forever barred unless commenced within two
years after the cause of action accrued.
(d) Federal jurisdiction; exhaustion of other remedies; State laws
and jurisdiction unaffected
The district courts of the United States shall have jurisdiction
of proceedings instituted pursuant to this section and shall
exercise the same without regard to whether the aggrieved party
shall have exhausted any administrative or other remedies that may
be provided by law.
The provisions of this chapter shall not be construed to change
or modify existing State law nor to deprive the proper State courts
of jurisdiction.
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