Procedure

July 23rd, 2019 by Rieders Travis in Procedure

PROCEDURE-FORUM NON CONVENIENS McConnell v. B. Braun Medical, Inc., 2019 Pa. Super. LEXIS 1031 (October 16, 2019) Pellegrini, J. The Appellant, Beonca Maria McConnell (McConnell), appeals the order of the Court of Common Pleas of the Philadelphia County (trial court) dismissing her products liability suit against B. Braun Medical Inc. (BMI); B. Braun Interventional Systems, Inc. a Delaware Corporation (BIS); and B. Braun Medical S.A.S., a French Corporation (B. Braun France) (collectively, the Braun Defendants), on the ground of forum non conveniens. McConnell argues that the trial court abused its discretion because the Braun Defendants failed to show that Pennsylvania is an inconvenient forum for her claims. For the reasons below, we vacate the order dismissing her case. Because the burden of establishing the factors of forum non conveniens lies with the Braun Defendants, it was up to them and not McConnell to show that Pennsylvania is less convenient than another available forum. The trial court could not assume facts that are not contained in the certified record or otherwise put the burden on McConnell to show that private and public factors support keeping this case in Pennsylvania. Nor could…