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Greg Mallon Successfully Had 11 Claims Transferred by the Court From Philadelphia to Berks County via Preliminary Objections

Greg Mallon successfully had eleven claims transferred by the Court from Philadelphia to Berks County through the filing of Preliminary Objections on the issue of venue. A national Plaintiff’s firm filed twelve claims in Philadelphia against a national product distributor despite only one of the claims arising out of Philadelphia. Attorney Mallon successfully demonstrated to the Court that less than 1% of the national distributor’s business contacts are in Philadelphia. Plaintiff argued that due to the client’s products being sold to corporations that have stores in Philadelphia and that the client’s business is so substantial that the client’s business amounted to hundreds of thousands in sales. After sixty days of venue discovery, the deposition of the client’s CFO, and supplemental briefing the Court granted Attorney Mallon’s preliminary objections and dismissed the claims to Berks County. Six of the twelve claims were appealed to the Superior Court on this venue issue. Counsel of Plaintiffs filed a Motion for Reconsideration on the other six claims and Attorney Mallon was successful seeking the court to deny that Motion on five of six of the claims.

 


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