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Plaintiff in Casino Suit Craps Out in Venue Decision

By Amaris Elliott-Engel
September 28, 2010

A New Jersey resident unsuccessfully sought to keep his slip-and-fall case in Philadelphia Common Pleas Court by arguing that an Atlantic City casino's Internet advertising within Pennsylvania established the state's personal jurisdiction over alleged negligence by the casino.

Philadelphia Common Pleas Judge Allan L. Tereshko, writing in an opinion explaining to the state Superior Court the basis for his ruling in Jenkins v. Marina District Development Co., No. 3360 (C.P.Philadelphia, 2010), said that plaintiff Brian Jenkins did not establish that Pennsylvania has either general personal or specific personal jurisdiction over the Borgata Hotel, Casino and Spa, because the casino solicits business from Pennsylvania through its Web site and other Internet advertising.

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