46 U.S.C. § 41309 — Enforcement of reparation orders
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 310 words · no verdicts yet
If someone does not pay a Federal Maritime Commission reparation order, the person owed money can sue in federal court to enforce it. Several winning parties can join together as plaintiffs in one lawsuit. The winning plaintiff does not pay court costs and can get reasonable attorney fees, but must sue within 3 years.
(a) Going to court. If a person does not comply with a Commission order to pay a refund or reparation, the party owed that money may sue in a federal district court with authority over the parties to enforce the order.
(b) Who can join, and serving papers. All parties the Commission ordered paid in one order may join together as plaintiffs. All other parties named in the order — except the Commission or any component of the Commission — may be joined as defendants, in one lawsuit filed where any one plaintiff could sue any one defendant. A defendant not found in that district can be served where that defendant has an office, or where it regularly calls at a port. Judgment may be entered for any plaintiff against the defendant that owes that plaintiff.
(c) How the court reviews the case. In this lawsuit, the Commission's findings and order count as prima facie evidence — meaning they are accepted as true unless disproven.
(d) Costs and fees. The plaintiff does not pay the costs of the case unless they come from the plaintiff's own appeal. A plaintiff who wins gets reasonable attorney fees as part of the costs.
(e) Deadline. A lawsuit to enforce a Commission order under this section must be filed within 3 years after the date the order was violated.
If a person does not comply with an order of the Federal Maritime Commission for the payment of a refund of money or reparation, the person to which the refund or reparation was awarded may seek enforcement of the order in a district court of the United States having jurisdiction over the parties.
All parties in whose favor the Commission has ordered a refund of money or any other award of reparation by a single order may be joined as plaintiffs, and all other parties in the order (except for the Commission or any component of the Commission) may be joined as defendants, in a single action in a judicial district in which any one plaintiff could maintain an action against any one defendant. Service of process against a defendant not found in that district may be made in a district in which any office of that defendant is located or in which any port of call on a regular route operated by that defendant is located. Judgment may be entered for any plaintiff against the defendant liable to that plaintiff.
In an action under this section, the findings and order of the Commission are prima facie evidence of the facts stated in the findings and order.
The plaintiff is not liable for costs of the action or for costs of any subsequent stage of the proceedings unless they accrue on the plaintiff’s appeal. A prevailing plaintiff shall be allowed reasonable attorney fees to be assessed and collected as part of the costs of the action.
An action under this section to enforce an order of the Commission must be brought within 3 years after the date the order was violated.
Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1548; Pub. L. 117–146, § 13, June 16, 2022, 136 Stat. 1279.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1548
- 2022Amended · Pub. L. 117-146 · 136 Stat. 1279
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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