Wednesday, March 2, 2022

Specific Jurisdiction Issues Addressed in a Trucking Accident Case Involving a Canadian Trucker

In the case of Allen v. Foxway Transp., No. 4:21-CV-00156 (M.D. Pa. Jan. 27, 2022 Brann, C.J.), the court denied various Motions to Dismiss and/or To Transfer Venue and, in doing so, provided a detailed discussion of the current state of federal law on the issue of specific jurisdiction.

In particular, the court addressed the issue of the required minimum contacts sufficient to establish jurisdiction in Pennsylvania over a trucking company and/or a broker with regards to hauling freight headed for Pennsylvania.

Judge Brann’s Opinion contains an analysis of the “alien-venue rule” as it relates to the Canadian Defendant in this cause of action. The court additionally addressed the distinctions between requests for venue transfer under §1406(a) and 1404(a) in the U.S. Code.

In his Opinion, Judge Brann also touched upon other issues such as vicarious liability, allegations of joint venture, and claims for punitive damages in this trucking accident case.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's Order can be viewed HERE.

I send thanks to Attorney Harry P. McGrath, Jr., of this Kingston, Pennsylvania law firm of Fellerman & Ciarimboli for bringing this case to my attention.

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