Last November, I questioned whether Mallory v. Norfolk Southern Railway Co., U.S. S. Ct. Case No. No. 21-1168 will wipe out Delaware's hegemony over corporate litigation.  In a recent post, Professor Josh Blackman considers Mallory  in light of the recent derailment of a Norfolk Southern freight train in East Palestine, Ohio.   He predicts an increase in foreign shopping if Pennsylvania's deemed consent statute is upheld.  Along the way, he launches a jibe at California:

As could be expected, trial lawyers are lining up across the region to represent affected people. Of course, the issue will arise about the ideal forum. And trial lawyers, like state attorneys general, will forum shop.  If the Supreme Court blesses Pennsylvania's registration regime, perhaps some of the plaintiffs will choose to file suit against Norfolk Southern in a Philadelphia trial court.  Or Illinois may choose to enact a similar regime, Welcome to Cook County, Norfolk Southern!  It does not seem the company has any tracks in California, but I'm sure they can find a hook.

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