46 USC § 41305 - Award of reparations | Title 46 - Shipping | U.S. Code

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Current through Pub. L. 113-9. (See Public Laws for the current Congress.)

(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, plus reasonable attorney fees.

(c) Additional Amounts.— On a showing that the injury was caused by an activity prohibited by section 41102 (b), 41104 (3) or (6), or 41105 (1) or (3) of this title, 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 section 41104 (4)(A) or (B) of this title, 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.

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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, plus reasonable attorney fees.

(c) Additional Amounts.— On a showing that the injury was caused by an activity prohibited by section 41102 (b), 41104 (3) or (6), or 41105 (1) or (3) of this title, 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 section 41104 (4)(A) or (B) of this title, 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.

Source

(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)
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.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, May 29, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"omitted" means the section is omitted.
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"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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46 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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46 CFR - Title 46—Shipping

46 CFR Part 501 - THE FEDERAL MARITIME COMMISSION—GENERAL

46 CFR Part 502 - RULES OF PRACTICE AND PROCEDURE

46 CFR Part 515 - LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES

46 CFR Part 535 - OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984

46 USC § 41305 - Award of reparations

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