46 U.S.C. · Shipping
46 U.S.C. § 41306

Injunctive relief sought by complainants

Ch. 413 — ENFORCEMENT
Title 46 U.S.C. ● ACTIVE Primary Source Ch. 413
Statutory Text

46 U.S.C. § 41306 — Injunctive relief sought by complainants

U.S.C. Title 46 - SHIPPING 46 U.S.C. United States Code, 2023 Edition Title 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part A - Ocean Shipping CHAPTER 413 - ENFORCEMENT Sec. 41306 - Injunctive relief sought by complainants From the U.S. Government Publishing Office, www.gpo.gov

§41306. Injunctive relief sought by complainants

(a) In General.—After filing a complaint with the Federal Maritime Commission under section 41301 of this title, the complainant may bring a civil action in a district court of the United States to enjoin conduct in violation of this part. (b) Venue.—The action must be brought in the judicial district in which— (1) the Commission has brought a civil action against the defendant under section 41307(a) of this title; or (2) the defendant resides or transacts business, if the Commission has not brought such an action.

(c) Remedies by Court.—After notice to the defendant, and a showing that the standards for granting injunctive relief by courts of equity are met, the court may grant a temporary restraining order or preliminary injunction for a period not to exceed 10 days after the Commission has issued an order disposing of the complaint. (d) Attorney Fees.—A defendant prevailing in a civil action under this section shall be allowed reasonable attorney fees to be assessed and collected as part of the costs of the action.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1546.)

Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large)

41306 46 App.:1710(h)(2). Pub. L. 98–237, §11(h)(2), Mar. 20, 1984, 98 Stat. 81.

Source: uscode.house.gov — public domain Official Source ↗
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The statutory text of 46 U.S.C. § 41306 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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