Thursday, June 8, 2023

Petition To Transfer Under Doctrine of Forum Non Conveniens Denied

In the case of Russo v. Allstate Indem. Corp., Feb. Term 2022, No. 02004 (C.P. Phila. Co. Feb. 15, 2023 Fletman, J.), the trial court issued a Rule 1925 Opinion requesting the Superior Court to affirm the trial court’s decision to deny the insurance company’s Petition to Transfer Venue under the Doctrine of Forum Non Conveniens.

The trial court initially ruled that the appeal should be quashed because the Order denying the Petition to Transfer Venue for Forum Non Conveniens is not an appealable Order under the Pennsylvania Rules of Appellate Procedure.

In this regard, the trial court noted that the Order did not dispose of all parties and all claims and did not change venue or transfer the matter to another court.

The trial court stated that, while Orders granting changes in venue are interlocutory Orders that are appealable as of right, Orders denying such petitions were not appealable.

The trial court went on to review the substantive issues presented as well. The trial court stated that it denied the Motion to Transfer Venue where the Defendant had failed to carry its burden of providing detailed information to establish that the Plaintiff’s chosen forum was oppressive or vexatious. In particular, the court noted that the Defendant did not provide any Affidavits from any witnesses who would be inconvenienced.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (May 16, 2023.).

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