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State of Incorporation Constitutional Challenges

A&O Shearman

Supreme Court Holds That State Statute Requiring Out-Of-State Companies To Consent To General Personal Jurisdiction As A Condition...

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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

MG+M The Law Firm

Potential Implications to Companies Nationwide Following US Supreme Court's Ruling that Expands General Jurisdiction in...

MG+M The Law Firm on

On June 27, 2023 the United States Supreme Court issued its opinion in Mallory v. Norfolk Southern Railway Co., No. 21-1168 (2023) vacating the Pennsylvania Supreme Court’s decision, which held that it was a violation of the...more

Nutter McClennen & Fish LLP

In a Potential Sea Change for Business Litigation, U.S. Supreme Court Allows States To Compel Companies To Be Sued Where...

On June 27, the U.S. Supreme Court upheld a Pennsylvania law that requires companies to consent to being sued in its state courts as a condition of registering to do business there. In Mallory v. Norfolk Southern, the Court...more

Goodwin

You May Have Already Agreed to Be Sued in Pennsylvania and Georgia: The Supreme Court Makes Jurisdiction Easier For State-Court...

Goodwin on

The US Supreme Court has held that companies can be forced, as a condition of doing business in a state, to agree to be sued in that state’s courts — even if the lawsuit has nothing to do with that state. In its June 27,...more

Miller Canfield

Getting Sued in All the Wrong Places: Supreme Court Opens Door to Suits in Unrelated States

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Let’s say that your company is incorporated in Michigan, headquartered in Michigan, and does business there and in a dozen other states. One of your customers in Texas claims the products it purchased from you and that you...more

BCLP

Does the Supreme Court’s Extensive Personal Jurisdiction Jurisprudence Risk Going Off the Rails?

BCLP on

The Supreme Court held that a corporation can be subject to personal jurisdiction in a state in which it has registered to do business—solely on that basis, and regardless of the extent of its operations in that state. ...more

Fox Rothschild LLP

“Welcome to our State . . . and our Courts!”

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A new decision by the United States Supreme Court has greatly expanded the locations where corporations can be sued. Traditionally, corporations are considered to be citizens of the states in which they are incorporated or...more

Rivkin Radler LLP

U.S. Supreme Court Diminishes Daimler and Upends Aybar

Rivkin Radler LLP on

Plaintiffs’ counsel rejoice, defense counsel take note, and businesses beware. Daimler has been diminished and businesses are no longer only subject to general jurisdiction in states in which they are incorporated or...more

Allen Matkins

Supreme Court Issues Delaware A Reprieve Pennsylvania Railroad Case

Allen Matkins on

Last November, I questioned whether the Supreme Court's decision in Mallory v. Norfolk Southern Railway Co. would endanger Delaware's corporate hegemony.  The issue in that case was the constitutionality of Pennsylvania's...more

Adler Pollock & Sheehan P.C.

The Supreme Court Will Decide Whether States Can Require Consent to General Personal Jurisdiction as the Cost of Doing Business

The two most thrilling words to readers of legal blogs must be “personal jurisdiction.”  In the term that starts October 2022, the United States Supreme Court will consider a case that will determine the constitutionality of...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

Ballard Spahr LLP

PA Federal Court Nixes Out-of-State Business Entities' Supposed “Consent” to General Personal Jurisdiction as Unconstitutional

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In a decision that should have a ripple effect in Pennsylvania state and federal courts, the U.S. District Court for the Eastern District of Pennsylvania held in a June 6, 2019, opinion that “the Pennsylvania statutory scheme...more

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