Page:United States Statutes at Large Volume 92 Part 1.djvu/386

 92 STAT. 332 Damages.

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PUBLIC LAW 95-297—JUNE 19, 1978 (d)(1) If the franchisee prevails in any action under subsection (a), such franchisee shall be entitled— (A) consistent with the Federal Rules of Civil Procedure, to actual damages; (B) in the case of any such action which is based upon conduct of the franchisor which was in willful disregard of the requirements of section 102 or 103, or the rights of the franchisee thereunder, to exemplary damages, where appropriate; and (C) to reasonable attorney and expert witness fees to be paid by the f ranchisoi*, unless the court determines that only nominal damages are to be awarded to such franchisee, in which case the court, in its discretion, need not direct that such fees be paid by the franchisor. (2) The question of whether to award exemplary damages and the amount of any such award shall be determined by the court and not by a jury. (3) In any action under subsection (a), the court may, in its discretion, direct that reasonable attorney and expert witness fees be paid by the franchisee if the court finds that such action is frivolous. (e)(1) In any action under subsection (a) with respect to a failure of a franchisor to renew a franchise relationship in compliance with the requirements of section 102, the court may not compel a continuation or renewal of the franchise relationship if the franchisor demonstrates to the satisfaction of the court that— (A) the basis for such nonrenewal is a determination made by the franchisor in good faith and in the normal course of business— (i) to convert the leased marketing premises to a use other than the sale or distribution of motor fuel, (ii) to materially alter, add to, or replace such premises, (iii) to sell such premises, (iv) to withdraw from the marketing of motor fuel through retail outlets in the relevant geographic market area in which the marketing premises are located, or (v) that renewal of the franchise relationship is likely to 'be uneconomical to the franchisor despite any reasonable ' changes or reasonable additions to the provisions of the franchise which may be acceptable to the franchisee; and (B) the requirements of section 104 have been complied with. (2) The provisions of paragraph (1) shall not affect any right of any franchisee to recover actual damages and reasonable attorney and expert witness fees under subsection (d) if such nonrenewal is prohibited by section 102. RELATIONSHIP OF THIS TITLE TO STATE LAW

15 USC 2806.

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SEC. 106. (a) To the extent that any provision of this title applies to the termination (or the furnishing of notification with respect thereto) of any franchise, or to the nonrenewal (or the furnishing of notification with respect thereto) of any franchise relationship, no State or any political subdivision thereof may adopt, enforce, or continue in effect any provision of any law or regulation (including any remedy or penalty applicable to any violation thereof) with respect to termination (or the furnishing of notification with respect thereto) of any such franchise or to the nonrenewal (or the furnishing of notification with respect thereto) of any such franchise relationship unless such provision of such law or regulation is the same as the applicable provision of this title.

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