Margolis Edelstein is pleased to announce that Partner Raphaella M. Poteau successfully argued before the Pennsylvania Superior Court on behalf of the defense in a wrongful death and product liability matter, resulting in the Court affirming the transfer of venue from Philadelphia County to Centre County.
In Pickering v. Associated Realty Property Management, Inc., et al., the plaintiff’s estate sought to keep the case in Philadelphia arguing that certain defendants conducted business there. Following extensive venue discovery, the trial court sustained the defense preliminary objections and transferred the case to Centre County, where the incident occurred. On appeal, the Superior Court agreed, holding that the trial court acted within its discretion in finding that the defendants did not “regularly conduct business” in Philadelphia County under Pennsylvania Rule of Civil Procedure 2179.
The Court’s decision underscores the broad discretion Pennsylvania trial courts have in evaluating venue challenges, particularly when defendants’ business activities in a county are limited, incidental, or de minimis compared to their national operations.
This matter marked the first significant test of the Pennsylvania Supreme Court’s November 2023 Hangey decision, which broadened the framework for analyzing venue and made it easier for plaintiffs to pursue cases in counties with only minimal connections. The Superior Court’s affirmation of the venue transfer represents an important post-Hangey victory for defendants seeking to ensure that cases are litigated in the county with the most direct connection to the underlying events.
Raphaella Poteau, who argued the case on behalf of the defense, is a partner in Margolis Edelstein’s Philadelphia office. She concentrates her practice in civil litigation, with extensive experience defending clients in complex product liability, premises liability, construction accident, and general liability matters.
