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Consumer Product Safety Act
15 U.S.C. Section 2072
§ 2072. Suits for damages
(a) Persons injured; costs; amount in controversy
Any 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
section 2060(f) of this
title) and reasonable expert witnesses' fees: Provided, 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.
(b) 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.
(c) 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.
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