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 August 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Sulzer Shareholder has 5 pct Dresser-Rand Stake

Russian billionaire Viktor Vekselberg's Swiss investment firm Renova Group said on Friday it had a 4.99 percent stake in U.S.-based Dresser-Rand, which might become the object of a takeover battle.

Russia: Exxon Still Drilling in its Arctic

ExxonMobil is still drilling in the Russian Arctic, a Russian minister said on Friday, in move that if confirmed will anger Washington after the U.S. administration

Exxon, Rosneft May Halt Arctic Operations

Russia's natural resources minister said on Friday that it was highly likely that U.S. oil major Exxon Mobil Corp and its Russian counterpart Rosneft had halted

Navigation

FPSO Petrojarl Knarr Delivered to Norway

Three tugs of Fairmount Marine have towed the brand new FPSO Petrojarl Knarr from South Korea to Norway in just 61 days. Petrojarl Knarr, one of world’s largest

New e-Navigation Technologies from Transas

Transas Marine introduced new software solutions for voyage planning and fleet management at SMM 2014 as a step towards becoming the forerunner in the development of e-Navigation technologies.

Bulgarian Naval Academy Installs VSTEP Simulators

The Nikola Vaptsarov Naval Academy in Varna purchased a 360° Class A Full Mission Bridge simulator and an Incident Management Simulator for training of its Naval and Merchant marine students.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Offshore Oil Pipelines Pod Propulsion Ship Electronics Ship Repair Ship Simulators Shipbuilding / Vessel Construction Winch
rss | archive | history | articles | privacy | terms and conditions | 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: 0.2441 sec (4 req/sec)