Black v. CSX Transp., Inc. (Pennsylvania)

The plaintiff in this case alleged that he contracted cancer as a result of being exposed to asbestos for a brief period in the 1950s, while employed in Kentucky by one of CSX’s predecessors. Although the predecessor had no operations in Pennsylvania, none of the witnesses or evidence is located in Pennsylvania, and the plaintiff had never even been to Philadelphia, he filed suit in the Philadelphia Court of Common Pleas under the Federal Employers’ Liability Act (“FELA”). CSX moved to dismiss under the doctrine of forum non conveniens. The trial court denied the motion on the ground that the forum choice of FELA plaintiffs is entitled to heightened deference. We were retained to represent CSX on appeal to the Superior Court, which vacated the trial court’s order and remanded for application of the relevant factors without deference to the plaintiff’s choice of forum.