How to Succeed in Business (in Philadelphia) Without Really Trying (Your Case There, Because Venue Isn’t Proper)
Faegre Drinker on Products blog
Venue rulings in Pennsylvania affect many defendants in products cases. Those incorporated here, and those sued on allegations that their products caused harm here, of course. And, for now at least, it includes corporate defendants registered to do business in Pennsylvania. They are subject to general jurisdiction, including for claims unrelated to the Commonwealth, under Pennsylvania’s unique “consent to jurisdiction” statute. That statute was upheld as consistent with due process in Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023).
And with many serious personal injury cases being filed in Philadelphia – a venue described in a Mallory concurring opinion as “reputed to be especially favorable to tort plaintiffs” – the stakes involved in venue disputes are higher than ever. That is even more evident after several recently reported verdicts in product cases, one approaching $1 billion and one exceeding $2 billion.
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