The constitutionality of Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania consent to the “general personal jurisdiction” of Pennsylvania, was the subject of oral argument in the U.S. Supreme Court on November 8, 2022.
In Mallory v. Norfolk Southern Railway Co., No. 21-1168, the justices heard argument on whether Pennsylvania may require companies that want to do business in Pennsylvania to consent to litigating in Pennsylvania state court no matter where the claim arose. Pennsylvania is the only state that expressly requires corporations to consent to its personal jurisdiction as part of the registration process.
Underlying the law of personal jurisdiction is whether it is “fair” to sue a person or corporation in a particular state.
Under general personal jurisdiction, the precept under consideration in Mallory, a state court has personal jurisdiction over any resident of that state. In Daimler AG v. Bauman, 571 U.S. 117 (2014), the Supreme Court held that a corporation resides in any state where its connections are so continuous and systematic that they render the corporation “essentially at home” in the state. The most straightforward example is a corporation incorporated and headquartered in a specific state is a resident of, or resides in, that state.
Pennsylvania’s registration statute effectively lowers the bar for general personal jurisdiction. It requires corporations to...
Nigel Farage has been condemned for falsely suggesting five men arrested on suspicion of terror offences near RAF Fairford were Iranian. The Reform UK leader suggested the incident, which saw five...