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49 U.S.C. § 14704Rights and remedies of persons injured by carriers or brokers

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 699 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person hurt by a carrier or broker's actions can sue to enforce certain orders or to collect damages. They can also sue over overcharges above the tariff rate, or file a complaint with the Board or Secretary instead. Courts must award the winning person a reasonable attorney's fee.

(a) In General. (1) Enforcement of order. If a carrier or broker does not obey an order from the Secretary or Board (other than an order to pay money), a person hurt by that can sue to enforce the order. A person can also sue for an injunction over violations of sections 14102, 14103, and 14915(c) of this title. (2) Damages for violations. A carrier or broker is liable for damages a person suffers because of the carrier's or broker's act or failure to act that breaks this part. (b) Liability and Damages for Exceeding Tariff Rate. A carrier is liable to a person for any amount it charges above the rate listed in its tariff under section 13702. (c) Election. (1) Complaint to DOT or Board; civil action. A person can either file a complaint with the Board or Secretary under section 14701(b) of this title, or sue directly under subsection (b), to make a carrier or broker pay. (2)(A) In general. When the Board or Secretary awards money under subsection (b), it must order the carrier to pay by a set date. It can only order damages when the case started as a complaint. (B) Enforcement by civil action. If the carrier or broker does not pay by the ordered date, the person the order benefits can sue to enforce that order. (d) Procedure. (1) In general. When someone sues under subsection (b) to enforce a damages order, they must include the text of that order in their complaint. Besides federal district courts, a State court with general jurisdiction over the parties can also enforce the order. The Board's or Secretary's findings and order count as solid evidence of the facts in them. The trial happens in the district where the plaintiff lives or where the carrier's or broker's main office is. The plaintiff only has to pay costs that come from an appeal they themselves file. (2) Parties. Everyone the award benefits can join as plaintiffs in a federal district court case, and every carrier named in the damages order can be joined as a defendant. The trial happens in a district where any one plaintiff could sue any one defendant. Legal papers can be served on a defendant's main office if that defendant is not located in the district where the suit is filed. A judgment can be entered for any plaintiff against the defendant found liable to that plaintiff. (e) Attorney's Fees. The district court must award the winning party a reasonable attorney's fee, and must add that fee to the costs of the case.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—
(1)Enforcement of order.—

A person injured because a carrier or broker providing transportation or service subject to jurisdiction under chapter 135 does not obey an order of the Secretary or the Board, as applicable, under this part, except an order for the payment of money, may bring a civil action to enforce that order under this subsection. A person may bring a civil action for injunctive relief for violations of sections 14102, 14103, and 14915(c).

(2)Damages for violations.—

A carrier or broker providing transportation or service subject to jurisdiction under chapter 135 is liable for damages sustained by a person as a result of an act or omission of that carrier or broker in violation of this part.

(b)Liability and Damages for Exceeding Tariff Rate.—

A carrier providing transportation or service subject to jurisdiction under chapter 135 is liable to a person for amounts charged that exceed the applicable rate for transportation or service contained in a tariff in effect under section 13702.

(c)Election.—
(1)Complaint to dot or board; civil action.—

A person may file a complaint with the Board or the Secretary, as applicable, under section 14701(b) or bring a civil action under subsection (b) to enforce liability against a carrier or broker providing transportation or service subject to jurisdiction under chapter 135.

(2)Order of dot or board.—
(A)In general.—

When the Board or Secretary, as applicable, makes an award under subsection (b) of this section, the Board or Secretary, as applicable, shall order the carrier to pay the amount awarded by a specific date. The Board or Secretary, as applicable, may order a carrier or broker providing transportation or service subject to jurisdiction under chapter 135 to pay damages only when the proceeding is on complaint.

(B)Enforcement by civil action.—

The person for whose benefit an order of the Board or Secretary requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the carrier or broker does not pay the amount awarded by the date payment was ordered to be made.

(d)Procedure.—
(1)In general.—

When a person begins a civil action under subsection (b) of this section to enforce an order of the Board or Secretary requiring the payment of damages by a carrier or broker providing transportation or service subject to jurisdiction under chapter 135 of this title, the text of the order of the Board or Secretary must be included in the complaint. In addition to the district courts of the United States, a State court of general jurisdiction having jurisdiction of the parties has jurisdiction to enforce an order under this paragraph. The findings and order of the Board or Secretary are competent evidence of the facts stated in them. Trial in a civil action brought in a district court of the United States under this paragraph is in the judicial district in which the plaintiff resides or in which the principal operating office of the carrier or broker is located. In a civil action under this paragraph, the plaintiff is liable for only those costs that accrue on an appeal taken by the plaintiff.

(2)Parties.—

All parties in whose favor the award was made may be joined as plaintiffs in a civil action brought in a district court of the United States under this subsection and all the carriers that are parties to the order awarding damages may be joined as defendants. Trial in the action is in the judicial district in which any one of the plaintiffs could bring the action against any one of the defendants. Process may be served on a defendant at its principal operating office when that defendant is not in the district in which the action is brought. A judgment ordering recovery may be made in favor of any of those plaintiffs against the defendant found to be liable to that plaintiff.

(e)Attorney’s Fees.—

The district court shall award a reasonable attorney’s fee under this section. The district court shall tax and collect that fee as part of the costs of the action.

Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 905; amended Pub. L. 112–141, div. C, title II, § 32922(a), July 6, 2012, 126 Stat. 828.)

history & why it existsrecord from the source credit
  • 1995Enacted · Pub. L. 104-88 · 109 Stat. 905
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 828

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.

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