Injunctive relief sought by complainants

  1. Law
  2. USC 46
  3. Shipping
  4. Regulation of Ocean Shipping
  5. Ocean Shipping
  6. ENFORCEMENT
  7. Injunctive relief sought by complainants

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§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

Section

Source (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 .


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