Page:United States Statutes at Large Volume 109 Part 1.djvu/865

 PUBLIC LAW 104-88 —DEC. 29, 1995 109 STAT. 849 "(B) In this section, 'judicial district' means (i) in the case of a United States district court, a judicial district of the United States, and (ii) in the case of a State court, the applicable geographic area over which such court exercises jurisdiction. "(e) A rail carrier may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date the carrier gives a person written notice that the carrier has disallowed any part of the claim specified in the notice. For the purposes of this subsection— "(1) an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and "(2) communications received from a carrier's insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reasons for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier. §"11707. Liability when property is delivered in violation of routing instructions "(a)(1) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part diverts or delivers property to another rail carrier in violation of routing instructions in the bill of lading, both of those rail carriers are jointly and severally liable to the rail carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property. "(2) A rail carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Board. "(3) A rail carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that rail carrier. "(b) The court shall award a reasonable attorney's fee to the Courts, plaintiff in a judgment against the defendant rail carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action. " CHAPTER 11»-CIVIL AND CRIMINAL PENALTIES "Sec. "11901. General civil penalties. "11902. Interference with railroad car supply. "11903. Record keeping and reporting violations. "11904. Unlawful disclosure of information. "11905. Disobedience to subpoenas. "11906. General criminal penalty when specific penalty not provided. / "11907. Punishment of corporation for violations committed by certain individuals. "11908. Relation to other Federal criminal penalties. "§ 11901. General civil penalties "(a) Except as otherwise provided in this section, a rail carrier providing transportation subject to the jurisdiction of the Board 99-194O-95 -28:QL3Part1

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