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

Bricker Graydon LLP

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 that registers to do business in a state will be deemed to have consented to the personal jurisdiction of that state’s courts (and correspondingly the federal courts in the state for diversity cases). The answer was a qualified “yes,” which suggests that an out-of-state company that is registered to do business in Ohio might be deemed to have agreed to be subject to general personal jurisdiction in Ohio courts irrespective of whether the underlying cause of action has any connection with the state.

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