47 U.S.C. § 28
Penalties not to bar suits for damages
The penalties provided in this chapter for the breaking or injury of a submarine cable shall not be a bar to a suit for damages on account of such breaking or injury.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1991–2022 · leading case: Am. Tel. & Tel. Co. v. M/V Cape Fear, 967 F.2d 864 (3rd Cir. 1992).
Am. Tel. & Tel. Co. v. M/V Cape Fear, 967 F.2d 864 (3rd Cir. 1992). “” 47 U.S.C. § 28 . The district court held that this section merely prevents the express criminal penalties contained in the Cable Act from prohibiting a civil rémedy.”
Am. Tel. & Tel. Co. v. M/V Cape Fear, 763 F. Supp. 97 (D.N.J. 1991). “” 9 47 U.S.C. § 28 states that “[t]he penalties provided in sections 21-33 of this title for the breaking or injury of a submarine cable shall not be a bar to a suit for damages on account of such breaking or injury.”
Int'l Longshoremen's Ass'n v. Spear, Wilderman, Borish, Endy, Spear & Runckel, 995 F. Supp. 564 (E.D. Pa. 1998). “at 867 , quoting 47 U.S.C. § 28 . The Third Circuit determined that this language meant only that the penalties cannot prohibit a civil remedy, but that plaintiff must find a private remedy elsewhere.”
G & G Closed Circuit Events, LLC v. Infante (E.D. Cal. 2022). “” 47 U.S.C. § 28 605(d)(1). 11 Case 1:20-cv-01400-JLT-SAB Document 30 Filed 02/10/22 Page 12 of 36 1 ultimately broadcast at the Restaurant via the Internet is irrelevant because “the relevant question 2 [regarding applicability of §§ 605 and 553] is not what type of system is…”
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