46 U.S.C. § 41306

Injunctive relief sought by complainants

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(a)In General.—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.(b)Venue.—The action must be brought in the judicial district in which—(1) the Commission has brought a civil action against the defendant under section 41307(a) of this title; or(2) the defendant resides or transacts business, if the Commission has not brought such an action.(c)Remedies by Court.—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.(d)Attorney Fees.—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.(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)

Historical and Revision Notes
41306	46 App.:1710(h)(2).	Pub. L. 98–237, § 11(h)(2), Mar. 20, 1984, 98 Stat. 81.

Historical and Revision Notes

41306

46 App.:1710(h)(2).

Pub. L. 98–237, § 11(h)(2), Mar. 20, 1984, 98 Stat. 81.

Notes of Decisions

Cited in 2 cases, 2009–2009 · leading case: In Re M/V Rickmers Genoa Litigation

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In Re M/V Rickmers Genoa Litigation (2009) nysd · cites it 2× “See 46 U.S.C. § 41306 (a); see also F.W. Myers Co.”

Western Holding Group, Inc. v. Mayagüez Port Commission (2009) prd · cites it 3× “See 46 U.S.C. § 41306 . At the hearings held on January 16, 20, 26, and February 6, 2009, plaintiffs were represented by Jorge Blasini and J.”

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