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Amundsen Davis LLC

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

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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

Husch Blackwell LLP

Establishing General Personal Jurisdiction for an LLC

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To exercise valid jurisdiction over any claim, a federal court must have both personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction can be based on diversity of citizenship, the presence of a...more

Saiber LLC

The Saiber Construction Law Column: December 2023

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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

WilmerHale

3 Personal Jurisdiction Questions Mallory Leaves Unanswered

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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

Benesch

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

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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

Benesch

Supreme Court Expands General Jurisdiction in Mallory v. Norfolk Southern Railway Co., Marking Departure from “At Home”...

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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

Quarles & Brady LLP

The Supreme Court Declares Registered Out-of-State Businesses “At Home” in Pennsylvania

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If a Wisconsin citizen is injured in Wisconsin on the property of a Wisconsin company, where can the citizen sue the company? One option is where the accident occurred—Wisconsin. Another option is where the company is...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

Lathrop GPM

Supreme Court Holds Corporation Waived Due Process Rights and Consented to General Personal Jurisdiction by Registering to do...

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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

Adams and Reese LLP

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

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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

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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

Stinson LLP

Supreme Court Ruling Opens Door to Suits in States Where Companies are Registered

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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

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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

Burr & Forman

Can You Be Sued In Any State? The Supreme Court’s Decision in Mallory v. Norfolk Southern Suggests So

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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

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

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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

Houston Harbaugh, P.C.

No Headquarters, No Conduct, No Problem: U.S. Supreme Court Rules Corporations May Be Exposed to Jurisdiction Under State...

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

Goldberg Segalla

Denial of Talc Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction Reversed on Appeal

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Court of Appeal of Florida, Fourth District - The plaintiffs, John and Joanne Fleemin, filed the instant products liability lawsuit against numerous defendants, including Lornamead, Inc., a Delaware corporation with its...more

Goldberg Segalla

Plaintiffs Allowed Additional Discovery to Establish Personal Jurisdiction over Hydraulic-Pump Defendant

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Court: United States District Court for the Eastern District of North Carolina, Western Division - Plaintiffs William Weaver and Judy Weaver filed suit, claiming that William Weaver was exposed to the defendants’...more

Lewitt Hackman

Franchisee 101: Forum Selection Clause is Just what the Doctor Ordered

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A federal appellate court held that a forum selection clause requiring litigation to be in the jurisdiction where the franchisor’s principal place of business was located when the action was brought is enforceable. A...more

Ward and Smith, P.A.

Where Can Your Company Be Sued? The Basics of Personal Jurisdiction

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In recent years, the United States Supreme Court has issued two opinions, in the cases of BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Ct. of California, San Francisco Cnty., analyzing and reaffirming...more

Goldberg Segalla

Automotive Defendant Obtains Dismissal for Lack of Jurisdiction

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United States District Court for the Southern District of Illinois, July 21, 2022 - In this asbestos action, defendant Honeywell International Inc., f/k/a Allied Signal Inc. as successor-in-interest to The Bendix...more

Maron Marvel

Will Mallory Reopen the Floodgates of Litigation Across the Nation?

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A recent Pennsylvania Supreme Court decision, Mallory v. Norfolk Southern Railroad Co., presents the U.S. Supreme Court with an opportunity to reexamine its 2014 landmark ruling in Daimler. On April 25, 2022, the U.S. Supreme...more

Haug Partners LLP

When Sending a Cease and Desist Letter Establishes Personal Jurisdiction

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A patentee may establish “minimum contacts” in a forum, thus subjecting itself to specific personal jurisdiction, by sending a cease and desist letter to the forum. Precedent concerning this issue has been evolving....more

Goulston & Storrs PC

General Jurisdiction Trend Grows With NY High Court's Ruling

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Since the U.S. Supreme Court's 2014 landmark decision in Daimler AG v. Bauman, courts around the country have been reexamining their prior holdings addressing whether a company consents to personal jurisdiction solely by...more

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