Venue • Defamation • Republication • Conditional Privilege

Reed v. Brown, PICS Case No. 17-1236 (Pa. Commw. July 13, 2017) Hearthway, J. (12 pages).

Trial court erred in holding that venue was proper only in county where allegedly defamatory statement was made because complaint sufficiently alleged that republication occurred in Philadelphia where the city of Philadelphia was the recipient of the republication, understood the defamatory meaning and applied it to appellant in appellant's defamation action based on borough manager's telling background check company that appellant was terminated for misconduct when he had actually resigned. Reversed.

Appellant resigned from borough police department in an open meeting before borough council and applied for a job with the city of Philadelphia. Philadelphia offered him a job conditioned upon employment verification and then rescinded the offer of employment after borough manager told background check company that appellant was fired for misconduct. Appellant sued for defamation and defendants argued improper venue. The trial case ordered the case transferred to the Delaware CCP because the cause of action arose in Delaware county. Appellant appealed.