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Supreme Court of the United States › Commerce Clause

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Shipman & Goodwin LLP

Conn. Court Split May Lead To Vertical Forum Shopping: A Law360 Article

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In Mallory v. Norfolk Southern Railway Co.,[1] the U.S. Supreme Court clarified last year that states can require foreign entities to consent to personal jurisdiction as a condition for doing business within their borders. ...more

Amundsen Davis LLC

U.S. District Court Rules the Corporate Transparency Act Unconstitutional: What is the Impact for Businesses?

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On March 1, 2024 in the case of National Small Business United v. Yellen 5:22-cv-01448-LCB the U.S. District Court for the Northern District of Alabama declared the Corporate Transparency Act (“CTA”) unconstitutional stating...more

Troutman Pepper

Lawsuit Highlights the Complexity of Regulating the Intrastate Use of Marijuana

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One of the most interesting aspects of marijuana law and policy in the U.S. is its tendency to strike at our most foundational democratic principles. In 2005, the U.S. Supreme Court held, in Gonzales v. Raich, that Congress...more

Mintz

Half of the United States have now thrown everything but the kitchen sink at EPA's and the Corps of Engineers' WOTUS rule. What...

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When EPA and the Corps of Engineers published their tenth attempt to determine the reach of the Federal Clean Water Act, I said the only question remaining was how many of the States and NGOs who challenged EPA's and the...more

Husch Blackwell LLP

Cannabis Litigation Alert: Commerce Clause Back on Blast

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Recently, the Department of Health and Human Services recommended to the Drug Enforcement Administration that cannabis be rescheduled on the Controlled Substances Act (“CSA”) from a I to a III. At the same time, the SAFER...more

Hinshaw & Culbertson - Insights for Insurers

The Second Circuit May Well Reconsider Reverse-Preemption of The New York Convention by the McCarran-Ferguson Act

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A significant number of states prohibit or restrict the arbitration of disputes between an insurer and its policyholder and/or preclude the inclusion of arbitral provisions in insurance policies.The McCarran-Ferguson Act...more

Benesch

Supreme Court Expands General Jurisdiction in Mallory v. Norfolk Southern Railway Co., Marking Departure from “At Home”...

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The test for personal jurisdiction, which asks whether a defendant can be compelled to litigate in a particular state, has been extensively developed over the past several decades, and notably refined in the last fifteen...more

Katten Muchin Rosenman LLP

Mallory v. Norfolk Southern Railway Co.: Supreme Court Recognizes Existence of Consent-Based Theory of General Personal...

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The US Supreme Court recently issued a decision in Mallory v. Norfolk Southern Railway Co holding that a Pennsylvania statute requiring corporations to "consent" to suit in Pennsylvania courts in order to register to do...more

Lathrop GPM

Supreme Court Holds Corporation Waived Due Process Rights and Consented to General Personal Jurisdiction by Registering to do...

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On June 27, 2023, the United States Supreme Court held in Mallory v. Norfolk Southern R. Co., No. 21-1168, 2023 WL 4187749, that Norfolk Southern submitted to the state of Pennsylvania’s general jurisdiction (that is, being...more

Foley & Lardner LLP

Now What: Recent Supreme Court Decision Opens the Door for Expanded Corporate Personal Jurisdiction

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Here at Foley, we routinely represent companies, whether manufacturers, distributors, service providers, or others that are, by necessity, registered to do business in most or all of the fifty states. For years, the U.S....more

Adams and Reese LLP

Mallory v. Norfolk Southern Railway Co. Likely to Spawn New Attempts at Litigation Tourism

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Tag, You’re It! SCOTUS Ruling Against Norfolk Southern Extends Reach of Personal Jurisdiction Upon Corporate Defendants - A plurality of the United States Supreme Court recently issued a ruling that will likely permit...more

Mintz

Losing Your International Shoe: Corporations May Waive Contacts-Based Personal Jurisdiction in Consent-by-Registration States

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Late last month the Supreme Court of the United States opened the door to a potential sea change in personal jurisdiction over corporate entities. In Mallory v. Norfolk Southern Railway Company, the Court held that any...more

Stinson LLP

Supreme Court Ruling Opens Door to Suits in States Where Companies are Registered

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In its June 27, 2023, Mallory v. Norfolk Southern Railway Co. decision, the U.S. Supreme Court held that a corporate defendant can be sued in Pennsylvania — regardless of whether the cause of action accrues in Pennsylvania or...more

Harris Beach PLLC

Mallory v. Norfolk Southern Railroad: U.S. Supreme Court’s Decision on Jurisdiction

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The United States Supreme Court reversed the Pennsylvania Supreme Court’s decision in Mallory v. Norfolk Southern Railway Co., finding Pennsylvania’s consent to jurisdiction by corporate registration unconstitutional in a 5-4...more

Burr & Forman

Can You Be Sued In Any State? The Supreme Court’s Decision in Mallory v. Norfolk Southern Suggests So

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A recent (and surprising) ruling of the United States Supreme Court may allow businesses to be sued in states in which they have little connection. The United States Supreme Court, split 5-4 (Gorsuch, Thomas, Alito, Sotomayor...more

King & Spalding

Mallory Opinion: Constitutionality Of Jurisdiction By Registration May Be A Mirage

King & Spalding on

The Supreme Court’s recent opinion in Mallory v. Norfolk Southern Railway Co.. concerned the constitutionality of a Pennsylvania statute providing that registering to do business in the state constitutes a sufficient basis...more

Bracewell LLP

Supreme Court Reaffirms Registering To Do Business May Subject You to Lawsuits

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Last week the US Supreme Court reaffirmed the constitutionality of state laws requiring businesses to consent to lawsuits in the state after registering with state authorities to conduct business there. In Mallory v. Norfolk...more

Rumberger | Kirk

U.S. Supreme Court Decides Major Personal Jurisdiction Case: Impact in Florida Remains to Be Seen

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A recent United States Supreme Court decision on the scope of personal jurisdiction, i.e., a court’s authority to exercise jurisdiction over a particular party, could potentially have lasting impacts on the way states decide...more

Ballard Spahr LLP

Fractured SCOTUS Decision Opens Door to Expanded Personal Jurisdiction of Businesses

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Last week, amid its headline-generating decisions on affirmative action, religious accommodations in the workplace, and LGBTQ rights, the Supreme Court of the United States also issued its decision in Mallory v. Norfolk...more

Dechert LLP

Off the Beaten Track? U.S. Supreme Court Holds States May Require Corporations to Consent to Jurisdiction to Conduct Business

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On June 27, 2023, a fractured Supreme Court held in Mallory v. Norfolk Southern Railway Co. that a Pennsylvania law requiring out-of-state businesses to consent to the jurisdiction of the Pennsylvania courts as a condition of...more

Holland & Knight LLP

U.S. Supreme Court Rejects Challenge to Registration Statute Requiring Consent to Jurisdiction

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In Mallory v. Norfolk Southern Railway Co., Robert Mallory (a Virginia resident) sued his former employer, Norfolk Southern (a Virginia-based railroad), over his alleged exposure to toxic chemicals while working for Norfolk...more

Goodwin

You May Have Already Agreed to Be Sued in Pennsylvania and Georgia: The Supreme Court Makes Jurisdiction Easier For State-Court...

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The US Supreme Court has held that companies can be forced, as a condition of doing business in a state, to agree to be sued in that state’s courts — even if the lawsuit has nothing to do with that state. In its June 27,...more

White and Williams LLP

Consent to General Jurisdiction by Registration Affirmed … But Only In Pennsylvania, and Perhaps Not For Long

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In a much anticipated ruling, the U.S. Supreme Court vacated a Pennsylvania Supreme Court opinion that prohibited an out-of-state plaintiff from suing an out-of-state defendant for out-of-state behavior. While the decision in...more

Morrison & Foerster LLP

The Supreme Court Expands the Cost of Doing Business: New Rules for Jurisdiction by Consent After Mallory?

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Can a state require a company, as a condition of doing business in the state, to consent to being sued there for any and all claims? In Mallory v. Norfolk Southern Railway Co., 599 U.S. __ (2023), the Supreme Court concluded...more

Mintz

At least two Supreme Court Justices think there's a limit to Congress's ability to fix the Clean Water Act

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Five Justices of our nation's highest court have now provided a definition of "Waters of the United States" that will be binding on the Executive and Judicial Branches at least until Congress says otherwise.  As Justice...more

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