46 U.S.C. § 41306

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 41306 - Injunctive relief sought by complainants
(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.

46 U.S.C. § 41306

Pub. L. 109-304, §7, Oct. 6, 2006, 120 Stat. 1546.

HISTORICAL AND REVISION NOTES
Revised

Section

Source (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.