In the case of Allstate
Insurance Company v. Electrolux Home Products, Inc., No. 5:18-00699(E.D. Pa. Aug.
3, 2018 Leeson, J.), the court granted a Motion to Sever and Transfer a portion
of the case.
The court ruled that the Plaintiff’s Complaint, joining
together 86 separate subrogated incidents from many different states, could not
stand before the Eastern District Federal Court.
This decision is notable in that the court reaffirmed the
rule that registration to do business in Pennsylvania, without more, is
sufficient to establish general personal jurisdiction over a corporate
Defendant.
Judge Leeson also reaffirmed the precedent holding that
cases interpreting the Pennsylvania long arm statute in this regard have not be
abrogated by more recent United States Supreme Court precedent.
Relative to the claims in this matter, which
arose under different states’ laws, the court felt that the claims should be
severed. After severance, the cases are
considered to be separate cases, and many of them in this matter were found to fail to satisfy
the diversity amount in controversy requirement, which necessitated the
dismissal of those claims. The remaining
valid non-Pennsylvania cases were ordered to be transferred to a more appropriate
forum.
Anyone wishing to review a copy of this case may click this LINK. The Court's Order can be viewed HERE
I send thanks to Attorney James M. Beck of the Philadelphia
office of the Reed Smith law firm for bringing this case to my attention.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.