News & Analysis as of

Due Process PA Supreme Court

Troutman Pepper Locke

Pennsylvania Supreme Court Stiffens Standards for Investigatory Grand Jury Reports

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On October 24, the Supreme Court of Pennsylvania issued a pivotal ruling regarding the public release of investigatory grand jury reports and the due process rights of individuals named in such reports but not charged with...more

Snell & Wilmer

Did We Consent to Be Sued Here? An Update on Newest U.S. Supreme Court Decision on Personal Jurisdiction in Mallory v. Norfolk...

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It is common knowledge that every state has some requirement that companies doing business in the state register to do so. However, under the most recent U.S. Supreme Court decision addressing personal jurisdiction, the mere...more

BakerHostetler

Corporate Consent Jurisdiction and the Supreme Court's Landmark Mallory Decision

BakerHostetler on

The Supreme Court has significantly expanded the possible grounds for personal jurisdiction against corporations, upholding Pennsylvania’s statute requiring foreign businesses registered in the Commonwealth to consent to...more

Clark Hill PLC

Supreme Court Sustains Viability of Pennsylvania's Foreign Registration Corporation Statute

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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

Morrison & Foerster LLP

The Supreme Court Expands the Cost of Doing Business: New Rules for Jurisdiction by Consent After Mallory?

Can a state require a company, as a condition of doing business in the state, to consent to being sued there for any and all claims? In Mallory v. Norfolk Southern Railway Co., 599 U.S. __ (2023), the Supreme Court concluded...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Simon Says Protect My Reputation: Understanding Pennsylvania’s Constitutional Right To Reputation

Unlike the United States Constitution, the Pennsylvania Constitution explicitly identifies reputation as a fundamental right. Although Pennsylvanians have enjoyed this right since 1790, jurists largely ignored reputation’s...more

Morrison & Foerster LLP

Cost Of Doing Business? Supreme Court Scrutinizes Constitutionality Of Requiring Companies To Consent To General Personal...

In an important case that could blow the doors open on personal jurisdiction so that corporations can be subject to suit anywhere they do business, the Supreme Court heard oral argument on Tuesday. In Mallory v. Norfolk...more

Zuckerman Spaeder LLP

Supreme Court Poised to Resolve Personal Jurisdiction-by-Consent Issue

Zuckerman Spaeder LLP on

The Supreme Court is scheduled to hear argument on November 8 in Mallory v. Norfolk Southern Railway Co., 21-1168, and it appears ready to resolve a longstanding issue that has divided lower courts. That issue is whether it...more

Maron Marvel

Will Mallory Reopen the Floodgates of Litigation Across the Nation?

Maron Marvel on

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

Faegre Drinker Biddle & Reath LLP

Passengers on Litigation Tourism Train Get Review from Supreme Court

The United States Supreme Court will soon consider whether the due process clause of the Fourteenth Amendment prohibits a state from requiring that a corporation consent to personal jurisdiction in order to conduct business...more

Maron Marvel

Mr. Mallory Goes to Washington?

Maron Marvel on

It would not be surprising to find Mallory v. Norfolk Southern Railway Co. become mandatory class material across law schools in the future. The case presents a thought-provoking discussion of specific and general...more

Eversheds Sutherland (US) LLP

No loss: Stricken by the Pennsylvania Supreme Court, the NOL deduction nevertheless is allowed 

In General Motors Corporation v. Commonwealth, the Pennsylvania Supreme Court held that the state’s prior flat $2 million cap on a corporate taxpayer’s net operating loss (NOL) deduction violated the state constitution’s...more

Husch Blackwell LLP

Pennsylvania Supreme Court Puts An End to Consent By Registration Theory of General Personal Jurisdiction

Husch Blackwell LLP on

On December 22, 2021, the Supreme Court of Pennsylvania issued a decision in Mallory v. Norfolk S. R.R. Co., Civ. A. No. 3 EAP 2021, Slip. Op. J-49-2021, at 33, 44 (Pa. Dec. 22, 2021) that is sure to become the pillar of...more

Ballard Spahr LLP

Federal Judge Strikes Down Key COVID-19 Orders in PA

Ballard Spahr LLP on

On Monday, September 14, U.S. District Court Judge William S. Stickman IV became the first federal or state judge in Pennsylvania to strike down Governor Tom Wolf’s emergency orders relating to the COVID-19 pandemic....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2018

State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more

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