15 U.S. Code § 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.
Source(Pub. L. 92–573, § 23,Oct. 27, 1972, 86 Stat. 1226; Pub. L. 94–284, § 10(c),May 11, 1976, 90 Stat. 507; Pub. L. 96–486, § 3,Dec. 1, 1980, 94 Stat. 2369; Pub. L. 97–35, title XII, § 1211(h)(3)(B),Aug. 13, 1981, 95 Stat. 723.)
1981—Subsec. (a). Pub. L. 97–35substituted “section 2060 (f) of this title” for “section 2059 (e)(4) of this title”.
1980—Subsec. (a). Pub. L. 96–486, § 3(a), struck out provision subjecting actions under this section to section 1331 of title 28 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.
Subsecs. (b), (c). Pub. L. 96–486, § 3(b), added subsec. (b) and redesignated former subsec. (b) as (c).
1976—Subsec. (a). Pub. L. 94–284substituted “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.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35effective Aug. 13, 1981, see section 1215 ofPub. L. 97–35, set out as a note under section 2052 of this title.
Effective Date of 1980 Amendment; Applicability
LII has no control over and does not endorse any external Internet site that contains links to or references LII.