46 U.S.C. § 41301
Complaints
Historical and Revision Notes | ||
|---|---|---|
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
41301(a) | 46 App.:1710(a), (g) (related to time limit). | Pub. L. 98–237, § 11(a), (b), (g) (related to time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, § 3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, § 110, Oct. 14, 1998, 112 Stat. 1911. |
41301(b) | 46 App.:1710(b) (1st sentence). | |
41301(c) | 46 App.:1710(b) (last sentence). | |
In subsection (a), the words “If the complaint is filed within 3 years after the claim accrues” are substituted for “For any complaint filed within 3 years after the cause of action accrued” in 46 App. U.S.C. 1710(g) to alert the reader to that time limitation.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 2009–2026 · leading case: In Re Vehicle Carrier Services Antitrust Litigation
In Re Vehicle Carrier Services Antitrust Litigation (2017)
“Either on a complaint filed by a private party, 46 U.S.C. § 41301 (a), or its own motion, the FMC may investigate alleged violations of the Shipping Act, id § -41302.”
TAG/ICIB Services, Inc. v. Sedeco Servicio De Descuento en Compras (2009)
“See 46 U.S.C. § 41301 (a). Sedeco challenges this conclusion on appeal.”
MAVL Capital, Inc. v. Marine Transport Logistics, Inc. (2015)
“§ 41304 (before assessing penalties, the FMC shall provide an opportunity for a.”
Adenariwo v. Federal Maritime Commission (2015)
“On April 18, 2012, the settlement officer issued a decision and order dismissing the claim relating to Container 1 for failure to timely file the complaint within the Shipping Act’s three year statute of limitations, see 46 U.S.C. § 41301 (a), and ordering Adenariwo to obtain a…”
MERCEDES-BENZ USA, LLC, VS. NIPPON YUSEN KABUSHIKI KAISHA (L-6325-18, BERGEN COUNTY AND STATEWIDE) (2020)
“"The FMC's view, which United States shares, is that damages claims under state antitrust law challenging unfiled price-fixing agreements between carriers would not contravene the purposes of the Shipping Act, negatively affect the FMC's enforcement of the Shipping Act,[2] or…”
In re: Vehicle Carrier Service v. (2017)
“Either on a complaint filed by a private party, 46 U.S.C. § 41301 (a), or its own motion, the FMC may investigate alleged violations of the Shipping Act, id.”
World Shipping Council v. FMC (2026)
“46 U.S.C. §§ 41301 (a), 41305(b). Because awarding reparations requires a benchmark, such as a market rate, we presume the Commission has the institutional ability reliably to assess a complainant’s evidence of market rates.”
Evergreen Shipping Agency (America) Corp. v. FMC (2026)
“See 46 U.S.C. § 41301 (a). Disputes involving amounts under $50,000 may be resolved through an informal small claims process.”
MacBride Nig. Limited v. Federal Maritime Commission (2013)
“See 46 U.S.C. § 41301 . Where the claimant requests less than $50,000, the parties may agree to have the claim decided by a Commission Settlement Officer through an informal adjudication process.”
Chief Cargo Services, Inc. v. Federal Maritime Commission (2014)
“See 46 U.S.C. § 41301 (a) (“A person may file with the [FMC] a sworn complaint alleging a violation of this part.”
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