Monday, November 20, 2023

Pennsylvania Supreme Court Rejects Typical Challenge to Venue


The Pennsylvania Supreme Court has revised the test for determining proper venue by rejecting the ‘Percentage of Revenue’ venue defense.

In the case of Hangey v. Husqvarna, No. 14 EAP 2022 (Pa. Nov. 22, 2023), the Court determined that venue was proper in Philadelphia County even though the only 0.005% of the defendant company’s national revenue was derived from that county. As such, the Pennsylvania Supreme Court held that a defendant company’s percentage of sales, in of itself, is no longer sufficient to determine whether or not a company has sufficient business in a particular jurisdiction for venue purposes.

Accordingly, under this decision by the Pennsylvania Supreme Court, there may be circumstances where a business that only derives a small portion of its revenue from a particular county in Pennsylvania may still be sued in that county.

Anyone wishing to review this decision may click this LINK.  The Dissenting Opinion by Justice Brobson can be viewed HERE.

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