Plaintiffs originally filed their complaint in the Court of Common Pleas of Philadelphia County, Pennsylvania. Defendants then removed the action to federal court. The plaintiffs’ choice of venue is generally accorded great weight, but other factors such as where the underlying events occurred and where the plaintiffs reside can override this concern.
Schoonmaker v. Highmark Blue Cross Blue Shield, 2009 U.S. Dist. LEXIS 101088 (E.D. Pa. Oct. 30, 2009)
This district court opinion features an ample discussion of an important preliminary issue that is often taken for granted – choice of venue. One of the advantages of modern medical advances has been the proliferation of centers of excellence for various diseases. On the other hand, access to these facilities often requires travel.
What factors should a court take into account in determining proper venue in a dispute over benefit payment? The Court in Schoonmaker reviews this question in considerable detail.