Where can the suit be filed?

[3junebugs]

What is the name of your state (only U.S. law)? PA

A family member was involved in an accident. The accident was caused by a driver that is an employee of a national transportation corporation. How do you determine where you can file suit? The accident happened in X County PA, but they want to file in Y county, PA. What rules determine where you can file against a corporation that is based in many states?

 

[ecmst12]

The most appropriate venue is where the accident occurred. What does your family member's lawyer say?

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? PA

A family member was involved in an accident. The accident was caused by a driver that is an employee of a national transportation corporation. How do you determine where you can file suit? The accident happened in X County PA, but they want to file in Y county, PA. What rules determine where you can file against a corporation that is based in many states?

The rules that determine where you can file are called "personal jurisdiction". One can often acquire personal jurisdiction over a "national transportation corporation" anywhere in the United States. The test is known as "minimum contacts". If an entity maintains a systematic and continuous presence in a jurisdiction, they should, and can, be expected to be haled into court to defend themselves in that jurisdiction.

Generally, a state court can acquire personal jurisdiction over anyone in the state, so one county vs another isn't a real problem.

 

[3junebugs]

The attorney would much rather file in Y county, but the accident occurred in the neighboring X county. The attorney said they were going to investigate if they could find a way to file in Y county. I was just curious to know how that process worked and what determines where you can file against a company that is based in many different places.

 

[3junebugs]

The rules that determine where you can file are called "personal jurisdiction". One can often acquire personal jurisdiction over a "national transportation corporation" anywhere in the United States. The test is known as "minimum contacts". If an entity maintains a systematic and continuous presence in a jurisdiction, they should, and can, be expected to be haled into court to defend themselves in that jurisdiction.

Generally, a state court can acquire personal jurisdiction over anyone in the state, so one county vs another isn't a real problem.

Thanks so much! This was very helpful.