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General Jurisdiction Foreign Corporations

Amundsen Davis LLC

A Year With Mallory: Revisiting The Concept of Consenting to General Personal Jurisdiction

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On June 27, 2023, Truck on highwaythe Supreme Court of the United States decided Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023). The divided Court upheld a Pennsylvania corporate registration statute which...more

Marshall Dennehey

Vetoed New York State Legislation Maintains Status Quo to Favor Out-Of-State Defendants: No Consent to Jurisdiction by...

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Key Points: Corporation that registers to do business in New York does not necessarily consent to general personal jurisdiction. Proposed amendment to New York Business Corporation Law § 1301(e) would have overturned that...more

Rivkin Radler LLP

Foreign Corporations Set to Be Subject to General Jurisdiction in NY

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Foreign corporations, open your rolodexes. You will need New York counsel more than ever. Days ago, New York Senate Bill S7476 was delivered to Governor Hochul for signature. If signed, the bill would make all foreign...more

Bond Schoeneck & King PLLC

Proposed Legislation Would Automatically Confer General Jurisdiction on all Foreign Corporations Registered to do Business in New...

New York, like many other states, requires foreign (non-New York) corporations and other entities to register to do business in the state....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...

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

Venable LLP

When International Shoe Doesn't Fit: Personal Jurisdiction After Mallory v. Norfolk Southern

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Every first-year law student learns two ways that a court can have jurisdiction over a corporate defendant. If the defendant has "minimum contacts" with a state, and the plaintiff's injuries arise out of those contacts, then...more

Saul Ewing LLP

Mallory v. Norfolk Southern Railway—A Crossroads of Consent and Corporate Jurisdiction

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​On June 27, 2023, the U.S. Supreme Court decided that states can require corporations registered in their state to consent to be sued in the state as a condition of doing business there—even if the facts of a lawsuit...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

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

Weber Gallagher Simpson Stapleton Fires &...

Supreme Court Opens Door to Pennsylvania Lawsuits

In its recent opinion in the case of Mallory v. Norfolk Southern Railway Company, No. 21-1168 (June 27, 2023), the United States Supreme Court held that an out-of-state company with none of the traditionally recognized...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

Baker Donelson

United States Supreme Court Confirms Business Registration as Means for Consent to Personal Jurisdiction

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On Tuesday, the United States Supreme Court held, in a fractured opinion in Mallory v. Norfolk Southern Railway, that if a state requires a foreign entity to consent to personal jurisdiction through its business registration...more

Clark Hill PLC

Supreme Court Sustains Viability of Pennsylvania's Foreign Registration Corporation Statute

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On June 27, in Mallory v. Norfolk Southern Railway Co., 2023 WL 4187749 (2023), the Supreme Court vacated and remanded the Pennsylvania Supreme Court decision to the contrary, and upheld a Pennsylvania foreign corporation...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

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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

Warner Norcross + Judd

Supreme Court Expands Scope of Personal Jurisdiction Over Corporations

Last week, the Supreme Court expanded the scope of personal jurisdiction over corporations in Mallory v. Norfolk Southern Railway Co. In this fragmented 5-4 decision, the Supreme Court held that corporations are subject to...more

Jackson Lewis P.C.

U.S. Supreme Court Rules on Narrow Jurisdictional Question in Fractured Opinion

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In a 5-4 decision, the U.S. Supreme Court has upheld Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania to consent to the “general personal jurisdiction” of...more

A&O Shearman

Supreme Court Holds That State Statute Requiring Out-Of-State Companies To Consent To General Personal Jurisdiction As A Condition...

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On June 27, 2023, the Supreme Court of the United States held 5-4 that a Pennsylvania statute requiring an out-of-state company to submit to general personal jurisdiction within the Commonwealth when registering to do...more

K&L Gates LLP

US Supreme Court Holds Business Registration Subjects Out-of-State Companies to General Personal Jurisdiction

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On 27 June 2023, in a plurality opinion authored by Justice Gorsuch, the United States Supreme Court issued its ruling in Mallory v. Norfolk Southern Railway Co., holding that a company’s decision to register to do business...more

MG+M The Law Firm

Potential Implications to Companies Nationwide Following US Supreme Court's Ruling that Expands General Jurisdiction in...

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On June 27, 2023 the United States Supreme Court issued its opinion in Mallory v. Norfolk Southern Railway Co., No. 21-1168 (2023) vacating the Pennsylvania Supreme Court’s decision, which held that it was a violation of the...more

Houston Harbaugh, P.C.

No Headquarters, No Conduct, No Problem: U.S. Supreme Court Rules Corporations May Be Exposed to Jurisdiction Under State...

In Mallory v. Norfolk Southern Railway Co., the Supreme Court of the United States (SCOTUS) overturned Pennsylvania’s Supreme Court, holding that a Pennsylvania law comports with the due process clause in requiring...more

Maron Marvel

It Just Got Real for Out-of-State Defendants! US Supreme Court Upholds 106-Year-Old “Consent by Registration” in Sending Mallory...

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On Tuesday, June 27, the Supreme Court of the United States issued the highly anticipated opinion in Mallory v. Norfolk Southern Railway Co. (U.S. 2022) considering whether the Due Process Clause of the Fourteenth Amendment...more

Perkins Coie

Personal Jurisdiction and Foreign Corporation Registration Statutes: A Purple Haze, but the Sky Is Not Falling

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The U.S. Supreme Court has held—by a 5-4 margin—that it did not violate due process for a Pennsylvania court to exercise jurisdiction over an asbestos case with no connection to Pennsylvania because of a unique Pennsylvania...more

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