Friday, August 24, 2018

Jurisdiction Found To Lie In Pennsylvania Over Foreign Corporation

In the case of Webb-Benjamin LLC v. International Rug Group, LLC, 2018 Pa. Super. 187 (Pa. Super. June 28, 2018 Stabile, J., Musmanno, J. and Ford Elliot, P.J.E.) (Op. by Musmanno, J.), the Pennsylvania Superior Court reversed a trial court’s decision sustaining the Preliminary Objections filed by a Connecticut Defendant.  

The Superior Court ruled that the trial court erred in holding that the trial court did not have personal jurisdiction over the Defendant Connecticut company in a breach of contract action because the Defendant registered to do business in Pennsylvania as a foreign association and nothing under 42 Pa. C.S.A. §5301 limited jurisdiction over foreign associations to claims that only occurred after registration.

The Superior Court additionally found that, by registering in Pennsylvania to do business, the Connecticut Defendant consented to general personal jurisdiction.

Anyone wishing to review a copy of this decision may click this LINK.

Source:  “Digest of Recent Cases.”  Pennsylvania Law Weekly (July 24, 2018).  

For an excellent analysis on this issue, check out this LINK to an article by Attorney Dale Larrimore of the Philadelphia law firm of Larrimore & Farnish, LLP entitled "Personal Jurisdiction Over Out-of-State Corporations After Daimler - What Now?"

Updates, Thoughts and Trends Regarding Pennsylvania Civil Litigation Law by
Northeastern Pennsylvania Insurance Defense Attorney Daniel E. Cummins

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