Tuesday, March 26, 2019

Judge Nealon Provides a Primer on the Doctrine of Forum Non Conveniens

The Clash on the Forum Non Conveniens Doctrine


In the case of Cox v. Advanced Auto Parts, No. 17-CV-2380 (C.P. Lacka. Co. Feb. 28, 2019 Nealon, J.), the court denied a Defendant landowner’s Petition to Transfer this matter to York County under the doctrine of forum non conveniens in this Lackawanna County premises liability matter.  
 
In support of the Petition, the Defendant submitted the Affidavits of its two (2) managers who asserted that it would be a “great hardship” for them to travel more than 100 miles to the Lackawanna County Courthouse to testify at trial. 
 
The Plaintiff, a resident of Bucks County, argued that a transfer of venue was not appropriate since his only remaining direct claim is against the Defendants, which operated four (4) stores in Lackawanna County.  
 
As the court found that the Defendant had not established that the Plaintiff’s chosen forum is vexatious or oppressive, the Petition was denied.
 
Judge Nealon’s Opinion provides a nice overview on the current status of the law pertaining to Petitions to Transfer under the doctrine of forum non conveniens. 
 
This decision can be viewed at this LINK.

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