U.S. Code » Title 46 » Subtitle Subtitle IV— Regulation of Ocean Shipping › Part Part A— Ocean Shipping › Chapter CHAPTER 413— ENFORCEMENT

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

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

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 Litig., 622 F. Supp. 2d 56 (S.D.N.Y. 2009).
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In Re M/V Rickmers Genoa Litig., 622 F. Supp. 2d 56 (S.D.N.Y. 2009). · cites it 2× “See 46 U.S.C. § 41306 (a); see also F.W. Myers Co.”
W. Holding Grp., Inc. v. Mayagüez Port Comm'n, 611 F. Supp. 2d 149 (D.P.R. 2009). · 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.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.