46-U.S.C.-41306

46-U.S.C.-41306

§41306 – Injunctive Relief Sought By Complainants

Pathway

Title 46 > Subtitle IV > Part A > Chapter 413 > Section 41306

Details

  • Reference: Section 41306
  • Legend: §41306 – Injunctive Relief Sought By Complainants
  • USCode Year: 2013

Provision Content

(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.

U.S. Encyclopedia of Law Coverage

46-U.S.C.-41105 in the Legal Encyclopedia: Shipping

In this entry about 46-U.S.C.-41105, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.

46-U.S.C.-41304 in the Legal Encyclopedia: Regulation of Ocean Shipping

In this entry about 46-U.S.C.-41304, find legal reference material, bibliographies and premiere content related to regulation of ocean shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States regulation of ocean shipping-specific issues, written by authorities in the field.

46-U.S.C.-41306 in the Legal Encyclopedia: Regulation

In this entry about 46-U.S.C.-41306, find legal reference material, bibliographies and premiere content related to regulation in the American Encyclopedia of Law, presenting a comprehensive view of the United States regulation-specific issues, written by authorities in the field.

46-U.S.C.-41106 in the Legal Encyclopedia: Ocean Shipping

In this entry about 46-U.S.C.-41106, find legal reference material, bibliographies and premiere content related to ocean shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States ocean shipping-specific issues, written by authorities in the field.

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