Sec. 18c-5203. Award of Attorneys Fees.

170 words·~1 min read·/il/chapter-625/act-5/18c-5203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Award to Complaining Shipper. In any court action to resolve a dispute within the scope of this Article, the court shall award reasonable attorney's fees to the complaining shipper if:

(a)The shipper submitted a claim to the carrier within 120 days after delivery of the

shipment is completed;

(b)The shipper prevailed in the court action; and

(c)Either:

(i)No certified private dispute resolution procedure was available for use by the

shipper at the time the court action was initiated; or

(ii)(Blank).

(iii)The court action was to enforce a timely decision rendered under the dispute

resolution procedures specified by the Commission under this amendatory Act of 1995.

(2)Award to carrier. In any court action to resolve a dispute within the scope of this Article, the court may award reasonable attorney's fees to the carrier if the shipper brought the action in bad faith after submitting the dispute for resolution under the dispute resolution procedures specified by the Commission.