(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
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.
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 Tuesday, August 13, 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.