News & Analysis as of

General Jurisdiction

Amundsen Davis LLC

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

Amundsen Davis LLC on

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...

Marshall Dennehey on

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

Saiber LLC

The Saiber Construction Law Column: December 2023

Saiber LLC on

Courts may only hear and decide cases when they have been granted authority over particular matters and when they have personal jurisdiction over the parties to the matter. The U.S. Supreme Court has held that courts may...more

Rivkin Radler LLP

Foreign Corporations Set to Be Subject to General Jurisdiction in NY

Rivkin Radler LLP on

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

Bricker Graydon LLP

U.S. Supreme Court Decides That Companies May Be Deemed to Have Consented to General Personal Jurisdiction in States Where They...

Bricker Graydon LLP on

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

Benesch

Far From Home: Supreme Court Expands General Jurisdiction for Out-of-State Defendants in Mallory v. Norfolk Southern Railway Co.

Benesch on

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

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”...

Benesch on

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

Venable LLP on

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

Saul Ewing LLP on

​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...

Lathrop GPM on

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

Foley & Lardner LLP

Now What: Recent Supreme Court Decision Opens the Door for Expanded Corporate Personal Jurisdiction

Foley & Lardner LLP on

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....more

Adams and Reese LLP

Mallory v. Norfolk Southern Railway Co. Likely to Spawn New Attempts at Litigation Tourism

Adams and Reese LLP on

Tag, You’re It! SCOTUS Ruling Against Norfolk Southern Extends Reach of Personal Jurisdiction Upon Corporate Defendants - A plurality of the United States Supreme Court recently issued a ruling that will likely permit...more

Mintz

Losing Your International Shoe: Corporations May Waive Contacts-Based Personal Jurisdiction in Consent-by-Registration States

Mintz on

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

Stinson LLP on

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

Harris Beach PLLC on

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

Baker Donelson on

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

Clark Hill PLC on

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

Burr & Forman on

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

King & Spalding on

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

Jackson Lewis P.C. on

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...

A&O Shearman on

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

168 Results
 / 
View per page
Page: of 7

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide