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Ficarra v. Consol. Rail Corp.

Pennsylvania Superior Court

October 27, 2020

In Ficarra v. Consol. Rail Crop., the PA Superior Court, dealt with multiple railroad companies’ appeal in an eight-case consolidated Federal Employers’ Liability Act action. The railroad defendants sought to dismiss the complaints based on Pennsylvania’s forum non conveniens statute, 42 PA.C.S. ยง 5322(e). More specifically, the Court considered whether the railroad defendants presented sufficient “weighty reasons” to merit dismissal. The Court ruled on a similar case in Wright v. Consol. Rail Corp. in the time between the trial court’s order at issue and this opinion. Based on Wright, the Court held that the railroad defendants had satisfied their burden on seven of the eight cases. The final case was essentially trial-ready. Thus the Court determined that only one of the cases should proceed in Pennsylvania. 

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