46 U.S. Code § 41306 - Injunctive relief sought by complainants

(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.

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

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46 CFR - 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

 

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