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
The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades — since the U.S. Supreme Court's 1945 ruling in International Shoe Co. v. Washington — looks...more
In a case issued on June 27, 2023, a divided Supreme Court decided another important personal jurisdiction case – Mallory v. Norfolk Southern Railway Co., 2023 WL 4187749. The principal issue was whether a foreign corporation...more
When served with a summons and complaint for an out-of-state lawsuit, one of the first things a defendant is likely to ask is—can this court compel me to appear? Given that most transportation and logistics-related disputes...more
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
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
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
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
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
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
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
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
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
In a recent decision, Mallory v. Norfolk Southern Railway Co., the U.S. Supreme Court opened the door for companies to face lawsuits in the state where they have registered to do business. The ruling stems from a case...more
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
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
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
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
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
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
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
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
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
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
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