46 USC § 41306 - Injunctive relief sought by complainants

---
identifier: "/us/usc/t46/s41306"
source: "usc"
legal_status: "official_legal_evidence"
title: "46 USC § 41306 - Injunctive relief sought by complainants"
title_number: 46
title_name: "SHIPPING"
section_number: "41306"
section_name: "Injunctive relief sought by complainants"
chapter_number: 413
chapter_name: "ENFORCEMENT"
part_number: "A"
part_name: "Ocean Shipping"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)"
---


# § 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.

---

**Source Credit**: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 41306 | 46 App.:1710(h)(2). | Pub. L. 98–237, § 11(h)(2), Mar. 20, 1984, 98 Stat. 81. |