§41309 — Title 46 Shipping | U.S. Code

Summary

If someone refuses to pay a refund or other money award ordered by the Federal Maritime Commission, the person who was awarded the money can ask a U.S. district court to enforce the order. People awarded money in the same order can sue together, and others named (except the Commission) can be joined as defendants in a district where an awardee could sue a defendant; defendants outside that district may be served where they have an office or a regular port. The Commission’s decision and order count as basic proof of the facts. The awardee usually will not pay court costs unless those costs arise on appeal, and a winning awardee may recover reasonable lawyer fees. The enforcement suit must be filed within 3 years after the order was violated.

Title 46, §41309

Shipping — Source: USLM XML via OLRC

(a)If a person does not comply with an order of the Federal Maritime Commission for the payment of a refund of money or reparation, the person to which the refund or reparation was awarded may seek enforcement of the order in a district court of the United States having jurisdiction over the parties.

(b)All parties in whose favor the Commission has ordered a refund of money or any other award of reparation by a single order may be joined as plaintiffs, and all other parties in the order (except for the Commission or any component of the Commission) may be joined as defendants, in a single action in a judicial district in which any one plaintiff could maintain an action against any one defendant. Service of process against a defendant not found in that district may be made in a district in which any office of that defendant is located or in which any port of call on a regular route operated by that defendant is located. Judgment may be entered for any plaintiff against the defendant liable to that plaintiff.

(c)In an action under this section, the findings and order of the Commission are prima facie evidence of the facts stated in the findings and order.

(d)The plaintiff is not liable for costs of the action or for costs of any subsequent stage of the proceedings unless they accrue on the plaintiff’s appeal. A prevailing plaintiff shall be allowed reasonable attorney fees to be assessed and collected as part of the costs of the action.

(e)An action under this section to enforce an order of the Commission must be brought within 3 years after the date the order was violated.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41309(a)46 App.:1713(d)(1).Pub. L. 98–237, § 14(d), (e), Mar. 20, 1984, 98 Stat. 83, 84. 41309(b)46 App.:1713(d)(3). 41309(c)46 App.:1713(d)(2) (1st sentence 1st–23d words). 41309(d)46 App.:1713(d)(2) (1st sentence 24th–last words, last sentence). 41309(e)46 App.:1713(e).

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–146, § 13(1), substituted “a refund of money or reparation, the person to which the refund or reparation was awarded” for “reparation, the person to whom the award was made”. Subsec. (b). Pub. L. 117–146, § 13(2), substituted “ordered a refund of money or any other award of reparation” for “made an award of reparation” and inserted “(except for the Commission or any component of the Commission)” after “parties in the order”.

§41309 Enforcement of reparation orders