Title 46, ShippingRelease 119-110

§41306 Injunctive Relief Sought by Complainants

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

Last updated Sep 22, 2026|Official source

Summary

After you file a complaint with the Federal Maritime Commission, you may go to a federal district court to ask the court to stop someone from breaking the rules. You must sue in the district where the Commission has already sued that person, or if the Commission has not sued, where the person lives or does business. If the court notifies the defendant and finds the usual legal reasons for a stop order, it can issue a short emergency order or preliminary stop order. Any such stop order can last no longer than 10 days after the Commission decides the complaint. If the defendant wins the court case, the defendant must be paid reasonable lawyer fees as part of the court costs.

Full Legal Text

Title 46, §41306

Shipping, Source: USLM XML via OLRC

(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.

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

Sep 22, 2026

Release point: 119-110