Choosing the Right Court

Question 1

If the BEs tell you that the matter was filed in a PA court, assume that the court has SMJ. HOWEVER, if the BEs tell you that the matter was filed in Fed Ct., it is important to do what?

Answer 1

Check for federal SMJ

Question 2

In PA, an objection to venue must be waived in the . . .

Answer 2

First responsive pleading (POs)

Question 3

For a contract action, venue is alright here or here.

Answer 3

Where k was formed OR obligations performed.

Question 4

In actions against a business, venue is good in the county where the PPB is OR . . .

Answer 4

Where the company regularly conduct business (unique to PA)

Question 5

Med Mal cases can only be brought where?

Answer 5

The county where the COA arose.

Question 6

Litigation against political subdivisions must be brought where?

Answer 6

The county in which the subdivision is located.

Question 7

For PJ, think what _____?

Answer 7

State

Question 8

For venue, think what ____?

Answer 8

County

Question 9

FNC will result in transfer to . . .

Answer 9

Another PA county

Question 10

Generally, the plaintiff’s choice of forum is granted . . .

Answer 10

Great weight

Question 11

A petition to transfer venue should not be granted unless the D meets what burden?

Answer 11

Demonstrating that the plaintiff’s chosen forum is OPPRESSIVE or VEXATIOUS to the D.

Question 12

How far away from D’s home or employer must a venue be to be consider oppressive or vexatious?

Answer 12

100 miles or more.