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 March 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Largest Vessel to Call ICTSI, Rijeka

Adriatic Gate Container Terminal (AGCT), International Container Terminal Services, Inc.’s (ICTSI) container handling facility in the Port of Rijeka, Croatia, recently

MOL President Reports Slack Performance

MOL President, President, Koichi Muto reported that the performance of the company was slack.   Muto reported, "I am sad to report that our business performance fell short,

Focus on Environment at Suny Maritime

The State University of New York Maritime College’s 140th Anniversary Speaker Series presented a panel discussion on March 26 in the College’s Maritime Academic Center.

Navigation

Power Cut in Turkey Disrupts Port Operations

Port operations in Turkey are facing disruption as a result of a massive power cut that has hit dozens of provinces across the country today (Tuesday 31 March).

USCG Rescues 9 from Canadian Tall Ship

Coast Guard search and rescue crews from Station Gloucester, Air Station Cape Cod and the Coast Guard Cutter Ocracoke rescued nine crewmembers from the Canadian

Great Lakes Losing Ice

The Great Lakes Environmental Research Laboratory reports ice cover for all of the Great Lakes combined at around 52%, thanks to milder temperatures and gusty winds over the past several weeks.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Navigation Pod Propulsion Port Authority Salvage Ship Repair Sonar 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: 0.1385 sec (7 req/sec)