Philadelphia Personal Injury Attorney Peter M. Patton of Galfand Berger Wins Important Procedural Issue in Products Liability Case
October 23, 2012
A federal court recently returned our client’s personal injury case to the Philadelphia Court of Common Pleas concluding that defendants violated court rules when they tried to move a case from state to federal court. In Carroll v. Apex Tool Group, LLC, et al., our client suffered serious injuries to his hand when it came in contact with the unguarded rotating parts of a poorly designed tool. We filed suit in the Philadelphia Court of Common Pleas, naming several defendants responsible for the design, manufacturing and sale of the defective tool, including Apex Tool Group, Cooper Tools and Engman-Taylor Company (ETCO). All three defendants attempted to move this case from state court to federal court. Galfand Berger Senior Partner, Peter M. Patton, filed a Motion to Remand (or return the matter to state court). Mr. Patton argued that defendants violated the court’s rules. Two of the defendants – Apex Tool Group and Cooper Tools – failed to get the consent of the third defendant, ETCO, before attempting to remove the matter. Further, Mr. Patton argued that ETCO was time-barred under Court rules from consenting to removal because it waited too long! The court agreed with Mr. Patton’s arguments and ordered the case returned to the Philadelphia Court of Common Pleas. Attorney Patton is a staunch advocate for the rights of injured workers. These rights include choosing the most appropriate court in which to fight for justice. If you are injured as a result of a defective product or another’s negligence, call the personal injury attorneys at Galfand Berger at (800)-222-USWA (8792) or contact us online. With offices in Philadelphia, Reading and Bethlehem, Pennsylvania, as well as Burlington, New Jersey, we are conveniently located to meet with clients throughout Southeast Pennsylvania and South Jersey.