{"identifier":"/us/usc/t46/s41306","title":46,"num":"\u00a7\u202f41306.","heading":"Injunctive relief sought by complainants","text":"\u00a7\u202f41306.\nInjunctive relief sought by complainants\n(a)\nIn General.\u2014\nAfter filing a complaint with the Federal Maritime Commission under\nsection 41301 of this title\n(b)\nVenue.\u2014\nThe action must be brought in the judicial district in which\u2014\n(1) the Commission has brought a civil action against the defendant under\nsection 41307(a) of this title\n(2) the defendant resides or transacts business, if the Commission has not brought such an action.\n(c)\nRemedies by Court.\u2014\nAfter 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.\n(d)\nAttorney Fees.\u2014\nA 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.","url":"https://projectusc.org/usc/t46/s41306.html","content":[{"t":"sec","id":"/us/usc/t46/s41306","children":[{"t":"num","text":"\u00a7\u202f41306."},{"t":"heading","text":"Injunctive relief sought by complainants"},{"t":"subsec","id":"/us/usc/t46/s41306/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In General.\u2014"},{"t":"content","text":"After filing a complaint with the Federal Maritime Commission under ","children":[{"t":"ref","text":"section 41301 of this title","href":"/us/usc/t46/s41301","tail":", the complainant may bring a civil action in a district court of the United States to enjoin conduct in violation of this part."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t46/s41306/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Venue.\u2014"},{"t":"chapeau","text":"The action must be brought in the judicial district in which\u2014"},{"t":"para","id":"/us/usc/t46/s41306/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the Commission has brought a civil action against the defendant under ","children":[{"t":"ref","text":"section 41307(a) of this title","href":"/us/usc/t46/s41307/a","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s41306/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the defendant resides or transacts business, if the Commission has not brought such an action.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t46/s41306/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Remedies by Court.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t46/s41306/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Attorney Fees.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}