Misplacing Benton Harbor results in dismissal of action

Friday, January 02, 2004
The U.S. Court of Appeals for the Seventh Circuit upheld the trial court’s decision to dismiss an admiralty action filed in the wrong district. In the instant case, plaintiff contracted to have cold-rolled steel shipped from Belgium to Benton Harbor, Indiana. The bills of lading provided, in pertinent part, that any action was to be brought in the federal district court having admiralty jurisdiction at the U.S. port of discharge. Plaintiff brought suit in federal court in Chicago. Defendant ship owner filed motions to dismiss for improper venue. Plaintiff argued, among other things, that Benton Harbor was within the "Port of Chicago" for purposes of Customs regulations. It also argued that the district court should have transferred the actions, rather than dismissing them, as the statute of limitations had run in the interim. On appeal, the court held that, in admiralty cases, forum selection clauses are prima facie valid and should be enforced unless the provisions are unreasonable. Here, the court determined that plaintiff was commercially sophisticated and is presumed to know where Benton Harbor is located. Continental Ins. Co. v. M/V Orsula, No. 03-1721 (7th Cir., December 24, 2003). (Source: HK Law)
Maritime Reporter September 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds


Northern Fleet to Conduct Anti-terrorist Exercises

The sailors of the Northern Fleet will conduct anti-terrorism exercises at Novaya Zemlya. During the exercise, the coast will be a landing. The landing will

MECNW Appoints New CEO

Terry Weston has been confirmed as Chief Executive of Maritime and Engineering College North West (MECNW) following the retirement of his predecessor, Jim Teasdale, at the end of September.

MacGregor's Deck Machinery for Sentinel Marine ERRV

MacGregor, part of Cargotec, will supply deck machinery for a new 65m emergency rescue & response vessel (ERRV) for Sentinel Marine. The ship has been designed


ADF’s New Amphibious Capability Demonstrated

Australia’s newest military capability, the Amphibious Ready Element, has demonstrated its capacity in waters off the North Queensland coast during the Sea Series of exercises.

Rieber Amends Dolphin Deal

Norwegian shipping company GC Rieber Shipping ASA has entered into an agreement with Dolphin Geophysical to increase Dolphins competitiveness in a challenging market.

Volvo Ocean Race Partners with Yacht Racing Forum

The Volvo Ocean Race has agreed a three-year partnership with the Yacht Racing Forum.   "We are delighted to welcome the Volvo Ocean Race as a long-term partner,

Maritime Contracts Maritime Security Pod Propulsion Port Authority Salvage Ship Electronics Ship Repair Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1151 sec (9 req/sec)