Subject: Venue

How to Succeed in Business (in Philadelphia) Without Really Trying (Your Case There, Because Venue Isn’t Proper)

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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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Illinois Supreme Court Holds Employee’s Office At Home Not Sufficient to Establish Venue

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The Illinois Supreme Court recently held that the presence of an employee’s home office was not sufficient to establish venue in Cook County for a negligence action arising out of a vehicle accident in Ohio. Tabirta v. Cummings, et al., 2020 IL 124798 (Ill. Oct. 22, 2020). Reversing the trial and appellate courts, the Court held that having a sole employee with a home office in Cook County did not establish an “other office” of the corporate defendant for purposes of the venue statute, 735 ILCS 5/2-101(a), and that the employee’s activities and the company’s minimal sales in Cook County did not meet the “doing business” prong of the venue statute.

The underlying negligence action arose out of a collision in Delaware County, Ohio, in which the plaintiff suffered severe injuries after his truck was hit by a tractor-trailer owned by the driver’s employer, Gilster-Mary Lee Corporation (GML). The plaintiff, who was a Cook County resident, brought suit in Cook County against GML and the other driver, who was not a resident of Cook County. GML is a Missouri corporation with a principal place of business and registered agent in Randolph County, Illinois.

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