§41305 — Title 46 Shipping | U.S. Code

Summary

Actual injury includes lost interest figured at commercial rates and compounded from the date of the injury. If a complaint was filed within the time limit in section 41301(a), the Federal Maritime Commission must order payment to the complainant for that actual injury caused by a violation of this part. If the harm came from acts forbidden by section 41102(b) or 41102(c), section 41104(a)(3) or 41104(a)(6), or section 41105(1) or 41105(3), the Commission may add extra damages, but the total cannot be more than twice the actual injury. If the injury was caused by the acts banned in section 41104(a)(4)(A) or (B), the injury amount is the difference between what the injured shipper paid and the most favorable rate another shipper paid. In any case brought under section 41301, the winning party may receive reasonable attorney fees.

Title 46, §41305

Shipping — Source: USLM XML via OLRC

(a)In this section, the term “actual injury” includes the loss of interest at commercial rates compounded from the date of injury.

(b)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.

(c)On a showing that the injury was caused by an activity prohibited by subsection (b) or (c) of section 41102, paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105, 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)If the injury was caused by an activity prohibited by subparagraph (A) or (B) of section 41104(a)(4), 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.

(e)In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4130546 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.

Editorial Notes

Amendments

2024—Subsec. (c). Pub. L. 118–159 substituted “subsection” for “section subsection”. 2022—Subsec. (c). Pub. L. 117–146, § 15(c)(1), substituted “paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105” for “41104(3) or (6), or 41105(1) or (3) of this title”. Pub. L. 117–146, § 12, substituted “subsection (b) or (c) of section 41102” for “41102(b)”. Subsec. (d). Pub. L. 117–146, § 15(c)(2), substituted “subparagraph (A) or (B) of section 41104(a)(4)” for “section 41104(4)(A) or (B) of this title”. 2014—Subsec. (b). Pub. L. 113–281, § 402(1), struck out “, plus reasonable attorney fees” before period at end. Subsec. (e). Pub. L. 113–281, § 402(2), added subsec. (e).

§41305 Award of Reparations