The Cheeseman standard applies to a petition to dismiss a case on the basis of improper venue under 42 Pa. C.S. Section 5322(e), a Philadelphia Common Pleas judge has ruled in an apparent case of first impression.

“Consequently, this court will not consider pre-Cheeseman concerns [in Section 5322(e) petitions], such as whether denying the petition will cause congestion of this court’s docket, or what law will ultimately govern the merits of plaintiffs’ claims,” Judge Albert W. Sheppard Jr. wrote in Dearlove v. Genzyme Transgenics Corp., a case in the Philadelphia Court of Common Pleas Commerce Program.

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