PENNSYLVANIA SUPREME COURT AFFIRMS IN LONG-ARM STATUTE CASE Back in October, we had written about the Pennsylvania Supreme Court agreeing to hear an appeal from the Superior Court’s decision in Schiavone v. Aveta, 41 A.3d 861 (Pa. Super. 2012). In Schiavone, the Superior Court held, in a case of first impression, that Pennsylvania’s “Long-Arm” Statute (LSA), which permits Pennsylvania courts to exercise jurisdiction over out-of-state businesses and individuals, should be interpreted in light of certain provisions of the state’s Workers’ Compensation Act (WCA). More specifically, the court utilized the meaning of “course of employment” in the WCA to establish personal jurisdiction under the LSA by determining that an employee who acts in the course of his employment under the WCA also acts as an “agent” under the LSA. The Superior Court held that, based upon this interpretation of the LSA, the plaintiff could sue the defendant in Pennsylvania because the defendant’s agent injured the plaintiff in Pennsylvania. For a more detailed summary of the facts of the case, see our post from October 12, 2013. As noted above, the defendant filed a petition for allowance of appeal to the Pennsylvania Supreme Court, which was granted. On May 16, 2014, the Supreme Court affirmed the decision of the Superior Court without an opinion. Accordingly, the Superior Court’s decision in Schiavone remains the law in Pennsylvania. In cases where the issue of agency is relevant to the application of Pennsylvania’s LSA, courts will continue to look to the WCA for guidance.
Posted on: Sat, 31 May 2014 00:56:42 +0000
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