Legal Opinion
Johnson v. Holland America Line-Westours, Inc.
Court of Appeals of Wisconsin
Decided November 26, 1996No. 96-2053-FTPublishedCited by 2 opinions
1Opinion of the CourtCane, P.J.
Axel and Ingert Johnson appeal a summary, judgment dismissing their complaint against Holland America Line-Westours, Inc. (Holland America), for a refund or credit of a $9,806 cruise ticket. They argue that the trial court erroneously ruled that the parties were bound by a forum selection clause contained in their ticket. Pursuant to the test set out in Carnival Cruise Lines v. Shute, 499 U.S. 585 (1991), we reverse the judgment.
The pleadings and affidavits of record disclose the following facts. The Admiral of the Fleet Cruise Center, a travel agency in Waukesha, Wisconsin, has a contractual…
2Cases cited10 opinions
- Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991
- Green Spring Farms v. KerstenWisconsin Supreme Court · 1987
- Thomas Deiro v. American Airlines, Inc.Court of Appeals for the Ninth Circuit · 1987
- Kathryn J. Shankles v. Costa Armatori, S.P.A., Isolina Vazquez GastonCourt of Appeals for the First Circuit · 1983
- State Bank of La Crosse v. ElsenCourt of Appeals of Wisconsin · 1986
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3Cited by2 opinions
- Long v. Holland America Line Westours, Inc.Alaska Supreme Court · 2001
- Long v. Holland America Line Westours, Inc.Alaska Supreme Court · 2001