Us Code § 41309 - Enforcement of reparation orders

Full text of Us Code United States Code § 41309 — Enforcement of reparation orders, with citation guidance and answers to common questions.

§ 41309. Enforcement of reparation orders

(a) Civil Action.—If a person does not comply with an order of the Federal Maritime Commission for the payment of a refund of money or reparation, the person to which the refund or reparation was awarded may seek enforcement of the order in a district court of the United States having jurisdiction over the parties.

(b) Parties and Service of Process.—All parties in whose favor the Commission has ordered a refund of money or any other award of reparation by a single order may be joined as plaintiffs, and all other parties in the order (except for the Commission or any component of the Commission) may be joined as defendants, in a single action in a judicial district in which any one plaintiff could maintain an action against any one defendant. Service of process against a defendant not found in that district may be made in a district in which any office of that defendant is located or in which any port of call on a regular route operated by that defendant is located. Judgment may be entered for any plaintiff against the defendant liable to that plaintiff.

(c) Nature of Review.—In an action under this section, the findings and order of the Commission are prima facie evidence of the facts stated in the findings and order.

(d) Costs and Attorney Fees.—The plaintiff is not liable for costs of the action or for costs of any subsequent stage of the proceedings unless they accrue on the plaintiff's appeal. A prevailing plaintiff shall be allowed reasonable attorney fees to be assessed and collected as part of the costs of the action.

(e) Time Limit on Bringing Actions.—An action under this section to enforce an order of the Commission must be brought within 3 years after the date the order was violated.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1548; Pub. L. 117–146, §13, June 16, 2022, 136 Stat. 1279.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
41309(a) 46 App.:1713(d)(1). Pub. L. 98–237, §14(d), (e), Mar. 20, 1984, 98 Stat. 83, 84.
41309(b) 46 App.:1713(d)(3).
41309(c) 46 App.:1713(d)(2) (1st sentence 1st–23d words).
41309(d) 46 App.:1713(d)(2) (1st sentence 24th–last words, last sentence).
41309(e) 46 App.:1713(e).

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–146, §13(1), substituted "a refund of money or reparation, the person to which the refund or reparation was awarded" for "reparation, the person to whom the award was made".

Subsec. (b). Pub. L. 117–146, §13(2), substituted "ordered a refund of money or any other award of reparation" for "made an award of reparation" and inserted "(except for the Commission or any component of the Commission)" after "parties in the order".

About This Section

46 U.S.C. § 41309 is part of Title 46 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 46 U.S.C. § 41309. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

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Frequently Asked Questions About Us Code § 41309

What does United States Code § 41309 cover?

Section 41309 ("Enforcement of reparation orders") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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Is this the official text of Us Code law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Us Code official source linked on this page or consult a licensed Us Code attorney.

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