Forum Shopping

Subscribe to Forum Shopping via RSS
Photo of Bexis

Not long ago we discussed Somerlot v. Jung, ___ A.3d ___, 2025 WL 2157391 (Pa. Super. July 30, 2025), as providing a potential antidote to some Mallory-inspired forum shopping.  However, as we pointed out, Somerlot’s advantages were limited, because:  (1) they required the pro-active use of forum selection clauses in advance of any litigation, and (2) would only be available to defendants who had the sort of relationship (directly or through distributors or doctors) with a plaintiff that would provide the opportunity to require such a clause.  Thus, the Somerlot solution was not available to all, or even most, prescription medical product liability litigation.

However, over the last couple of months, Pennsylvania appellate decisions involving the more traditional concepts of forum non conveniens and venue have materially changed applicable law for the better, in terms of their availability as tools to combat post-Mallory forum shopping.  Since Pennsylvania remains the only large state to allow general jurisdiction by consent in prescription medical product liability litigation, Pennsylvania law remains by far the most important for dealing with post-Mallory forum shopping.Continue Reading Recent Pennsylvania Appellate Decisions Can Combat Post-Mallory Forum Shopping

Photo of Rachel B. Weil

We start this, our last post of 2022, by indulging in a few words about hope.  Jumping way back, the story begins when we were around 20 and moved to Nashville (from Philadelphia) for a couple of years, on a whim.  That’s the only way to describe it – there was no good reason, except that we thought it would be fun.  While we were in Nashville, we made some friends who were then big names in the country music industry.  They are still our friends, more than 40 years later.  And, though many have forgotten them, they still perform, but at coffeehouses and “small dates,” not in huge auditoriums.  Last week, one of our friends, who still lives in Nashville, did a “swing” of four such small dates in Pennsylvania and its environs.   She (and her guitarist) stayed with us all week.  On the last night, we held a house concert in our home.  As we sat in our living room, surrounded by friends and fellowship and oh-so-beautiful music, we felt magic, and we felt hope, both of which have eluded us amid the multi-faceted darkness that marked much of 2022.  Bottom line is that we don’t always have choice in the events that shape our lives.  But we can choose music, and we can find hope.  We hope your 2023 is filled with both.

The plaintiff in today’s case also was denied choice, this time her choice of the venue for her case.   In Yumei Li-Bachar v. Johnson & Johnson, et al., 2022 WL 17094600 (D. Minn. Nov. 21, 2022), the plaintiff, a Michigan resident at all times relevant to the lawsuit, was implanted with the defendant’s pelvic mesh device in Michigan.  Fourteen years later, she underwent revision surgery in Rochester, Minnesota.  She filed suit in the District of Minnesota, asserting the usual litany of product liability claims, and the defendant moved to transfer venue to the Western District of Michigan. 

The court explained that, under the “transfer statute,” 28 U.S.C. § 1404(a), it had broad discretion when considering a motion to transfer venue.   The court continued:

The decision to transfer under Section 1404(a) involves a two-step inquiry.  First, the district court must determine whether the action might have been brought in the proposed transferee district. Second, the district court must weigh three factors, which are whether transfer would be (1) convenient for the parties, (2) convenient for the witnesses, and (3) in the interests of justice.

Continue Reading Change of Venue Granted in D. Minn. Mesh Case

Drug & Device Resources

Bexis’ Book

FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
Learn more about this book