Brooklyn Area Workers Compensation Lawsuit

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Merchant Marine Act 1936

This section is referred to in section 1187a of this Appendix.

§ 1227. Agreements with other carriers forbidden; withholding subsidies; actions by injured persons for damages

It shall be unlawful for any contractor receiving an operating-differential subsidy under subchapter VI of this chapter or for any charterer of vessels under subchapter VII of this chapter to continue as a party to or to conform to any agreement with another carrier or carriers by water, or to engage in any practice in concert with another carrier or carriers by water, which is unjustly discriminatory or unfair to any other citizen of the United States who operates a common carrier by water exclusively employing vessels registered under the laws of the United States on any established trade route from and to a United States port or ports.

No payment or subsidy of any kind shall be paid directly or indirectly out of funds of the United States or any agency of the United States to any contractor or charterer who shall violate this section. Any person who shall be injured in his business or property by reason of anything forbidden by this section may sue therefor in any district court of the United States in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee.

(June 29, 1936, ch. 858, title VIII, § 810, 49 Stat. 2015.)

FEDERAL RULES OF CIVIL PROCEDURE

Judgment and costs, see rule 54, Title 28, Appendix, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1187a of this Appendix.

§ 1228. Fines and penalties; conviction as rendering persons ineligible to receive benefits of law

Whenever any natural person is found guilty in any district court of the United States of any act or acts declared in this chapter to constitute a misdemeanor, he shall be punished by a fine of not more than $10,000, or by imprisonment for not less than one year or more than five years, or by both fine and imprisonment. Whenever any corporation is found guilty of any act or acts declared in this chapter to be unlawful, such corporation shall be punished by a fine of not more than $25,000.

In addition to the punishment prescribed in section 1224 1 of this Appendix, any person or corporation convicted of a misdemeanor under the provisions of this chapter shall be ineligible, at the discretion of the Commission or the Secretary of Transportation, to receive any benefits under subchapters V and VI of this chapter, or to receive a charter under subchapter VII of this chapter for a period of five years after conviction.
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1 See References in Text note below.

Whoever knowingly and willfully violates any order, rule, or regulation of the Federal Maritime Commission or the Secretary of Transportation made or issued in the exercise of the powers, duties, or functions transferred to it or him or vested in it or him by this chapter, as amended, for which no penalty is otherwise expressly provided, shall upon conviction thereof be subject to a fine of not more than $500. If such violation is a continuing one, each day of such violation shall constitute a separate offense.

(June 29, 1936, ch. 858, title VIII, § 806(b)-(d), 49 Stat. 2014; Aug. 4, 1939, ch. 417, § 13, 53 Stat. 1187; Pub. L. 97-31, § 12(125), Aug. 6, 1981, 95 Stat. 164.)

REFERENCES IN TEXT

Section 1224 of this Appendix, referred to in text, was repealed by Pub. L. 101-225, title III, § 307(7), Dec. 12, 1989, 103 Stat. 1925.

Codification

Section is comprised of subsecs. (b) to (d) of section 806 of act June 29, 1936. Subsec. (a) of section 806 is classified to section 1224 of this Appendix.

AMENDMENTS

1981--Pub. L. 97-31 substituted "Commission or the Secretary of Transportation" for "Commission", "Federal Maritime Commission or the Secretary of Transportation" for "United States Maritime Commission", and "it or him" for "it" in two places. For prior transfers of functions of the Commission, meaning the United States Maritime Commission, see Transfer of Functions note below.

1939--Act Aug. 4, 1939, added third par.

TRANSFER OF FUNCTIONS

For transfer of functions of United States Maritime Commission, see Reorg. Plan No. 6 of 1949, Reorg. Plan No. 21 of 1950, and Reorg. Plan No. 7 of 1961, set out under section 1111 of this Appendix.

See entire Merchant Marine Act

Ephedra Head / Brain Trauma Impaired Driving Crash Spinal Cord Trauma Defective Products Wrongful Death Lawyer Nursing Home Abuse Birth Trauma Slip and Fall Accident Dog Bite Slander Libel Defamation Strict Product Liability Tort Attorney Workers Compensation Motorcycle Crash Excessive Police Force

Many Faces of Personal Injury
Any trauma resulting from libel, slander, malicious prosecution, or false arrest, any bodily harm, sickness, disease, or death sustained by any person and caused by an occurrence for which the state may be held liable.

Economic Damages:
Would include, but aren't limited to:
- Lost Wages
- Medical Bills
- Rental Car Expenses, etc.