Title
A LEGISLATIVE ACT AMENDING TITLE 12 OF THE CHEROKEE NATION CODE ANNOTATED - CIVIL PROCEDURE - CIVIL CODE MODERNIZATION AND ANTI-TRUST ACT
Body
BE IT ENACTED BY THE CHEROKEE NATION:
SECTION 1. TITLE AND CODIFICATION
This Act shall be known as the “Civil Code Modernization and Anti-Trust Act of 2017” and codified under Title 12 of the Cherokee Nation Code Annotated (CNCA).
SECTION 2. PURPOSE
The purpose of this Act is to modernize the laws and the Cherokee Nation and to protect elders, disabled and all other Cherokee citizens from unfair and deceptive business practices, unsafe products and unfair competition.
SECTION 3. SUBSTANTIVE LAW
The following sections shall be inserted as Sections 27 and 28 of the Comprehensive Access to Justice Act of 2016 as Amended by Legislative Act 16-16.
§ 27 Product Liability Actions
A. A manufacturer or seller shall be liable for any loss caused by the manufacturer’s or seller’s negligence, intentional misconduct, recklessness, or other act or omission, such as negligently modifying or altering a product.
B. For purposes of this section, “loss” includes actual damages, punitive damages, consequential damages, court costs and other reasonable expenses, reasonable attorneys’ fees, and reasonably foreseeable harm.
C. Damages awarded by the trier of fact shall, on final judgment, be deemed reasonable for purposes of this section.
D. For purposes of this section, a wholesale distributor or retail seller who completely or partially assembles a product in accordance with the manufacturer’s instructions shall be considered a seller.
§ 2827 Unfair Competition Law
A. As used in this section The Cherokee Nation Antitrust Act shall be referred to as the “Antitrust Act.”
B. Definitions
As used in the Antitrust Act:
(1) “Attorney General" means the Attorney General of the Cherokee Nation, any attorney employed by the Office of the Attorney General designated by the Attorney General to act on his behalf and/or any other person r...
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