JULY 2006 BAD FAITH CASES BAD FAITH ACTION TRANSFERRED ON BASIS OF FORUM SELECTION CLAUSE (Philadelphia Federal)

In Rogal v. Skilstaf, Inc., the U.S. District Court for the Eastern District of Pennsylvania granted Defendant’s Motion to Transfer Venue based upon a forum selection clause in the Group Health Policy.  After a general discussion on forum convenience, the Court concluded that the private and public interest factors involved equally favored both potential Districts.  However, in evaluating the parties’ choices of forum, the Court considered the forum selection clause found in the Skilstaf Group Health Plain, which it upheld as valid and enforceable.  The Court found this clause provided compelling evidence that the parties to this action intended to litigate matters such as bad faith claims exclusively in the Middle District of Alabama, hence granting the Motion to Transfer Venue.

Date of Decision:  June 26, 2006

Rogal v. Skilstaf, Inc., United States District Court for the Eastern District of Pennsylvania, Nos. 05-6073 and 05-6074, 2006 U.S. Dist. LEXIS 44407, 446 F.Supp.2d 334 (E.D. Pa. June 26, 2006) (Joyner, J.)