46 U.S.C. § 41306 — Injunctive relief sought by complainants
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 181 words · no verdicts yet
After filing a complaint with the Federal Maritime Commission, a complainant may also sue in federal court to stop the violation. The court may issue a short-term restraining order or injunction, lasting no more than 10 days after the Commission rules. If the defendant wins the case, it can get reasonable attorney fees.
(a) Filing suit. After filing a complaint with the Commission under section 41301, the complainant may bring a civil lawsuit in a U.S. district court to stop conduct that violates this part.
(b) Where to sue. The suit must be filed (1) in the district where the Commission already sued the defendant under section 41307(a), or (2) if the Commission has not sued, where the defendant lives or does business.
(c) What the court can do. After notifying the defendant, and if the usual rules for granting an injunction are met, the court may issue a temporary restraining order or preliminary injunction. It cannot last more than 10 days after the Commission issues its order on the complaint.
(d) Attorney fees. A defendant who wins the lawsuit gets reasonable attorney fees, counted as part of the costs of the case.
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.
The action must be brought in the judicial district in which—
the Commission has brought a civil action against the defendant under section 41307(a) of this title; or
the defendant resides or transacts business, if the Commission has not brought such an action.
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.
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.
Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1546
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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