PENALTIES AS AFFECTED BY GOOD FAITH LITIGATION

Authors

Robert E. Hardwicke, Member of the Fort Worth Bar

Abstract

There are many state laws, as well as the so-called National Emergency Acts and other federal laws, providing for the imposition of penalties for the violation of a statute, or an order or regulation of a board, commission, or executive officer. Under, the National Industrial Recovery Act, sec. 3 (f), penalties are fixed for the violation of codes promulgated thereunder. In many instances the penalties are cumulative, each day's violation being a separate offense.

The primary question here to be discussed is whether good faith litigation as to the validity of such a law, code, order or similar regulation gives immunity against the imposition of any penalty whatsoever with respect to violations taking place during such litigation.

Recommended Citation

Robert E. Hardwicke, PENALTIES AS AFFECTED BY GOOD FAITH LITIGATION, 33 Mich. L. Rev. 40 (1934).
Available at: https://repository.law.umich.edu/mlr/vol33/iss1/3