Persons injured; costs; amount in controversy
section 2060(f) of this titleProvidedAny person who shall sustain injury by reason of any knowing (including willful) violation of a consumer product safety rule, or any other rule or order issued by the Commission may sue any person who knowingly (including willfully) violated any such rule or order in any district court of the United States in the district in which the defendant resides or is found or has an agent, shall recover damages sustained and may, if the court determines it to be in the interest of justice, recover the costs of suit, including reasonable attorneys’ fees (determined in accordance with ) and reasonable expert witnesses’ fees: , That the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and cost, unless such action is brought against the United States, any agency thereof, or any officer or employee thereof in his official capacity.
Denial and imposition of costs
Except when express provision is made in a statute of the United States, in any case in which the plaintiff is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interests and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.
Remedies available
The remedies provided for in this section shall be in addition to and not in lieu of any other remedies provided by common law or under Federal or State law.
Pub. L. 92–573, § 2386 Stat. 1226Pub. L. 94–284, § 10(c)90 Stat. 507Pub. L. 96–486, § 394 Stat. 2369Pub. L. 97–35, title XII, § 1211(h)(3)(B)95 Stat. 723(, , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 97–35section 2060(f) of this titlesection 2059(e)(4) of this title1981—Subsec. (a). substituted “” for “”.
Pub. L. 96–486, § 3(a)section 1331 of title 281980—Subsec. (a). , struck out provision subjecting actions under this section to as to the amount in controversy and inserted proviso establishing minimum amount in controversy and excepting actions brought against the United States, or agencies, officers, or employees thereof.
Pub. L. 96–486, § 3(b)Subsecs. (b), (c). , added subsec. (b) and redesignated former subsec. (b) as (c).
Pub. L. 94–2841976—Subsec. (a). substituted “shall” for “and shall” and provision permitting the court to award costs in the interest of justice for a prior provision which permitted the court to award costs in its discretion.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Pub. L. 97–35section 1215 of Pub. L. 97–35section 2052 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1980 Amendment; Applicability
Pub. L. 96–486section 4 of Pub. L. 96–486section 1331 of Title 28For effective date and applicability of amendment by , see , set out as an Effective Date of 1980 Amendment note under , Judiciary and Judicial Procedure.
Effective Date
section 34 of Pub. L. 92–573section 2051 of this titleSection effective on the sixtieth day following , see , set out as a note under .