Private and Public Factors Test Supports Dismissal of 5 PPA Injury Cases

PHILADELPHIA - A Philadelphia Court of Common Pleas judge's decision to dismiss without prejudice five PPA-related injury suits based on the finding that there was no connection between the facts of the cases and Pennsylvania was affirmed by the state's Superior Court June 14. Engstrom v. Bayer Corp. No. 3322 EDA 2003 (Pa. Super. Ct.).

The Pennsylvania Superior Court ruled that the lower court was correct in applying the 'public and private factors' test instead of the 'weighty reason' test, which the plaintiffs claimed required proof that the choice of forum is 'oppressive and vexatious to the defendant.'

The plaintiffs, …