Title 46ShippingRelease 119-73

§41306 Injunctive relief sought by complainants

Title 46 › Subtitle Subtitle IV— - Regulation of Ocean Shipping › Part Part A— - Ocean Shipping › Chapter CHAPTER 413— - ENFORCEMENT › § 41306

Last updated Apr 6, 2026|Official source

Summary

If you file a complaint with the Federal Maritime Commission, you may also sue in a U.S. district court to stop conduct that breaks these rules. File the case where the Commission has sued under section 41307(a), or, if the Commission has not sued, where the defendant lives or does business. After the defendant is notified and the court finds the usual reasons for emergency relief, the court can issue a short emergency order or preliminary order. Any such order cannot last more than 10 days after the Commission issues its order disposing of the complaint. If the defendant wins, they can recover reasonable lawyer fees as part of the case costs.

Full Legal Text

Title 46, §41306

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(a)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)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)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)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4130646 App.:1710(h)(2).Pub. L. 98–237, § 11(h)(2), Mar. 20, 1984, 98 Stat. 81.

Reference

Citations & Metadata

Citation

46 U.S.C. § 41306

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73