---
kind: "section"
citation: "46 U.S.C. § 41306"
title: "46"
title_heading: "Shipping"
number: "41306"
heading: "Injunctive relief sought by complainants"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/41306"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part A — Ocean Shipping"
  - "Chapter 413 — Enforcement"
---

# §41306. Injunctive relief sought by complainants

- (a) **In General.—** After filing a complaint with the Federal Maritime [Commission](/usc/46/42501.md?p=1) under [section 41301 of this title](/usc/46/41301.md), 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](/usc/46/42501.md?p=1) has brought a civil action against the defendant under [section 41307(a) of this title](/usc/46/41307.md?p=a); or
  - (2) the defendant resides or transacts business, if the [Commission](/usc/46/42501.md?p=1) 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](/usc/46/42501.md?p=1) 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | 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. |