Title 46 — ShippingRelease 119-73not60
§41306 Injunctive Relief Sought by Complainants
Title 46 › Subtitle Subtitle IV— Regulation of Ocean Shipping › Part A— Ocean Shipping › Chapter 413— ENFORCEMENT › § 41306
Summary
If you file a complaint with the Federal Maritime Commission, you can sue in federal court to stop unlawful conduct. Suits must be in the district where the Commission sued, or where the defendant lives or does business. With notice and proof, a court may issue a temporary order but not past 10 days after the Commission acts; a winning defendant may recover reasonable attorney fees.
Full Legal Text
Title 46, §41306
Shipping — Source: USLM XML via OLRC
(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 46 — Shipping
Last Updated
Apr 5, 2026
Release point: 119-73not60