United States Third Circuit

In a personal injury case that had been transferred from one venue to another, judgment on the pleadings holding that recovery was barred because the transfer occurred after the running of Pennsylvania's statute of limitations is reversed where, even though the suit at issue was filed in an improper, transferor forum in New Jersey, it was timely because it was filed within the limitations statute for the transferee forum in Pennsylvania, as the filing date for a case transferred under 28 U.S.C. section 1406(a) is that of the initial filing in the improper forum.

Appellate Information

• Decided 07/13/2007
• Published 07/13/2007

Judges

• Before:  McKEE, AMBRO and FISHER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Daniel J. Cahill, Esquire, Youngblood, Corcoran, Lafferty & Hyberg, Linwood, NJ, for Appellants.


• For Appellees:
  
• Lloyd G. Parry, Esquire, Davis, Parry & Tyler, Philadelphia, PA, for Appellees.