https://www.law.com/thelegalintelligencer/2024/01/16/superior-court-ruling-gives-businesses-post-hangey-path-to-challenge-venue/
The Superior Court’s ruling addressed how a company’s sales at big box retailers like Target and Walmart should be weighed in venue analysis. Credit: MichaelVi/Adobe Stock
NEWS
The ruling opens an avenue for certain businesses to argue they do not conduct enough business in a particular county to be sued there—a defense that the Pennsylvania Supreme Court’s November decision in Hangey v. Husqvarna made more difficult to make.
January 16, 2024 at 04:52 PM
3 minute read
What You Need to Know
- The Pennsylvania Superior Court ruled that the analysis of where a company does regular business should not include sales of the company’s products made by big-box stores.
- The ruling provides certain businesses with a tool to argue it does not do enough business in a county to be sued there.
- The decision comes soon after a high court ruling making it harder for businesses to argue they don’t do regular business in a particular county.
A decision from the Pennsylvania Superior Court marked a win for business defendants in the wake of a high court ruling that dealt a blow to their ability to challenge a plaintiff’s choice of venue.
The Superior Court’s Jan. 12 opinion in Watson v. Baby Trend established that the analysis of where a company does regular business should not include sales of the company’s products made by big-box stores like Target or Walmart.
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