On Friday, the Superior Court issued a decision that should serve both as a cautionary tale to attorneys as well as and a reminder that foreign corporations must register to do business in Pennsylvania to bring an action in its courts. See Drake Manufacturing Company, Inc. v. Polyflow, Inc., No. 959 WDA 2014 (Pa. Super. Ct., Jan. 23, 2015).
Drake Manufacturing is a Delaware Corporation with operations in Pennsylvania. Polyflow is a manufacturer of tubing products located in Oaks, Pennsylvania. Over a period of 8 months in 2008 and 2009, Polyflow entered into multiple contracts with Drake for the purchase of couplings used in Polyflow's manufacturing process. In 2009, Drake sued Polyflow in the Warren County Court of Common Pleas alleging a failure to pay for good in accordance with the parties' contracts.
Polyflow raised the issue of standing in its answer to Drake's complaint, asserting that Drake failed to...
