Award of reparations

  1. Law
  2. USC 46
  3. Shipping
  4. Regulation of Ocean Shipping
  5. Ocean Shipping
  6. ENFORCEMENT
  7. Award of reparations

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§41305. Award of reparations

(a) Definition.-In this section, the term "actual injury" includes the loss of interest at commercial rates compounded from the date of injury.

(b) Basic Amount.-If the complaint was filed within the period specified in section 41301(a) of this title, the Federal Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part.

(c) Additional Amounts.-On a showing that the injury was caused by an activity prohibited by section 41102(b), 41104(3) or (6), or 41105(1) or (3) of this title, the Commission may order the payment of additional amounts, but the total recovery of a complainant may not exceed twice the amount of the actual injury.

(d) Difference Between Rates.-If the injury was caused by an activity prohibited by section 41104(4)(A) or (B) of this title, the amount of the injury shall be the difference between the rate paid by the injured shipper and the most favorable rate paid by another shipper.

(e) Attorney Fees.-In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees.

( Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1546 ; Pub. L. 113–281, title IV, §402, Dec. 18, 2014, 128 Stat. 3056 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
41305 46 App.:1710(g) (less time limit). Pub. L. 98–237, §11(g) (less time limit), Mar. 20, 1984, 98 Stat. 80 ; Pub. L. 98–595, §3(b)(2), Oct. 30, 1984, 98 Stat. 3132 ; Pub. L. 105–258, title I, §110, Oct. 14, 1998, 112 Stat. 1911 .

In subsection (b), the words "within the period specified in section 41301(a) of this title" are substituted for "within 3 years after the cause of action accrued" because the time limit is restated in section 41301(a) instead of in this section. The words "upon petition of the complainant" are omitted as unnecessary. The words "after notice and hearing" are omitted as unnecessary because of section 41304(a) of the revised title.

Amendments

2014-Subsec. (b). Pub. L. 113–281, §402(1), struck out ", plus reasonable attorney fees" before period at end.

Subsec. (e). Pub. L. 113–281, §402(2), added subsec. (e).


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