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.)
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
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46-U.S.C.-41304 in the Legal Encyclopedia: Regulation of Ocean Shipping
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46-U.S.C.-41306 in the Legal Encyclopedia: Regulation
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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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