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. Supreme Court has given those companies and others like them every reason to expect lawsuits, if they come, will be filed only in a state where an incident occurred, or in the state(s) where the company was incorporated and had its principal place of business. A few weeks ago, that may have changed for the foreseeable future.

On June 27, 2023, the United States Supreme Court issued its decision in Mallory v. Norfolk Southern Railway Co. (600 U.S. ___, slip op.), finding that when defendant Norfolk Southern registered to do business in Pennsylvania, it thereby consented to jurisdiction in Pennsylvania’s courts…for any lawsuit, even one originating outside Pennsylvania.

Yes, the opinion from the 4-justice plurality has potentially broad consequences, and deserves the extra emphasis. It provides a potential new path for general personal jurisdiction for corporations, goes the opposite direction of other recent Supreme Court decisions on personal jurisdiction and is thus – particularly for any company doing business in most or all states –worthy of special attention.

The Plurality Opinion in Mallory Finds Consent (via Registration) to Constitute a Valid Source for General Jurisdiction

Mallory arose when the plaintiff, a former freight-car mechanic previously...

Read Full Story: https://news.google.com/rss/articles/CBMiZGh0dHBzOi8vd3d3LmZvbGV5LmNvbS9lbi9p...