46 U.S.C. § 41305

Award of reparations

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(a)Definition.—In this section, the term “actual injury” includes the loss of interest at commercial rates compounded from the date of injury.(b)Basic Amount.—If the complaint was filed within the period specified in section 41301(a) of this title, the Federal Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part.(c)Additional Amounts.—On a showing that the injury was caused by an activity prohibited by subsection (b) or (c) of section 41102, paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105, the Commission may order the payment of additional amounts, but the total recovery of a complainant may not exceed twice the amount of the actual injury.(d)Difference Between Rates.—If the injury was caused by an activity prohibited by subparagraph (A) or (B) of section 41104(a)(4), the amount of the injury shall be the difference between the rate paid by the injured shipper and the most favorable rate paid by another shipper.(e)Attorney Fees.—In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees.(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546; Pub. L. 113–281, title IV, § 402, Dec. 18, 2014, 128 Stat. 3056; Pub. L. 117–146, §§ 12, 15(c), June 16, 2022, 136 Stat. 1279; Pub. L. 118–159, div. C, title XXXV, § 3535(g), Dec. 23, 2024, 138 Stat. 2315.)

Historical and Revision Notes
41305	46 App.:1710(g) (less time limit).	Pub. L. 98–237, § 11(g) (less 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.

Historical and Revision Notes

41305

46 App.:1710(g) (less time limit).

Pub. L. 98–237, § 11(g) (less 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.

In subsection (b), the words “within the period specified in section 41301(a) of this title” are substituted for “within 3 years after the cause of action accrued” because the time limit is restated in section 41301(a) instead of in this section. The words “upon petition of the complainant” are omitted as unnecessary. The words “after notice and hearing” are omitted as unnecessary because of section 41304(a) of the revised title.

Editorial NotesAmendments

2024—Subsec. (c). Pub. L. 118–159 substituted “subsection” for “section subsection”.

2022—Subsec. (c). Pub. L. 117–146, § 15(c)(1), substituted “paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105” for “41104(3) or (6), or 41105(1) or (3) of this title”.

Pub. L. 117–146, § 12, substituted “subsection (b) or (c) of section 41102” for “41102(b)”.

Subsec. (d). Pub. L. 117–146, § 15(c)(2), substituted “subparagraph (A) or (B) of section 41104(a)(4)” for “section 41104(4)(A) or (B) of this title”.

2014—Subsec. (b). Pub. L. 113–281, § 402(1), struck out “, plus reasonable attorney fees” before period at end.

Subsec. (e). Pub. L. 113–281, § 402(2), added subsec. (e).

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2015–2022 · leading case: Nantkwest, Inc. v. Matal

Sort: Relevance Newest Treatment

Nantkwest, Inc. v. Matal (2017) cafc · cites it 2× “The majori- § 2000e-16c(e) (stating “attorney’s fees may be allowed by the court”); 46 U.S.C. § 41305 (e) (“[T]he prevailing party may be awarded reasonable attorney fees.”

MAVL Capital, Inc. v. Marine Transport Logistics, Inc. (2015) nyed “hearing); 46 U.S.C. § 41305 (the FMC may award damages and attorney’s fees); 46 U.”

MERCEDES-BENZ USA, LLC, VS. NIPPON YUSEN KABUSHIKI KAISHA (L-6325-18, BERGEN COUNTY AND STATEWIDE) (2020) njsuperctappdiv “Where reparations are appropriate, the FMC may, depending on the violation, award up to double the amount required to compensate for the injury, 46 U.S.C. § 41305 (b) to (c), prejudgment interest, 46 C.”

Crocus Investments, LLC v. FMC (2022) cadc “See 46 U.S.C. § 41305 (e) (“[T]he prevailing party may be awarded reasonable attorney fees.”

Ocean Network Express (North America) Inc. v. Pacific Lumber Resources, Inc. (2021) txsd “46 U.S.C. § 41305 (e); TEX. BUS. & COM. CODE § 17.”

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