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No. 21-1168October Term 2022Decided Jun 27, 2023

Docket 21-1168October Term 2022 (2022–2023)

Mallory v. Norfolk Southern R. Co

Pennsylvania may require an out-of-state company to consent to lawsuits in its courts as a condition of doing business there.

Case status

Current stage
Decided
Latest event
Decision released Jun 27, 2023
Case Accepted
Arguments HeardNov 8, 2022
Decision ReleasedJun 27, 2023
What it's about

Robert Mallory sued Norfolk Southern Railway in Pennsylvania for workplace injuries that occurred in other states. The Supreme Court ruled that a Pennsylvania law requiring out-of-state companies to consent to face lawsuits in the state as a condition of doing business there does not violate the Due Process Clause.

Question presented

Does a state registration statute for out-of-state corporations that purports to confer general personal jurisdiction over the registrant violate the Due Process Clause of the Fourteenth Amendment?

Case path

Supreme Court of Pennsylvania, Eastern District / Decision released Jun 27, 2023

Area

Decided Supreme Court case

Briefing

What it's about

Robert Mallory sued Norfolk Southern in Pennsylvania over workplace injuries that occurred in other states. The Court vacated the Pennsylvania court's judgment and said Pennsylvania's business-registration law, which requires out-of-state companies to consent to being sued there, does not violate due process.

Impact

Out-of-state companies registered to do business in Pennsylvania may face lawsuits there even when the underlying events happened elsewhere. For example, an employee could sue a registered company in Pennsylvania over an injury suffered in another state.

What's next

The case returns to the Pennsylvania courts after the Supreme Court vacated the earlier judgment. Those courts must continue the case consistent with the Supreme Court's decision.

What did the Supreme Court rule in Mallory v. Norfolk Southern?

The Court said Pennsylvania's corporate-registration law does not violate due process. It vacated the Pennsylvania court's earlier judgment and sent the case back.

Who is affected by the Mallory decision?

Out-of-state companies registered to do business in Pennsylvania may be sued there over claims arising elsewhere. Workers and other plaintiffs may use Pennsylvania courts against those companies.

What happens next in Mallory v. Norfolk Southern?

The case returns to Pennsylvania courts. They must take further action consistent with the Supreme Court's decision.

Decision

Decision record

What the Court decided

Pennsylvania may require an out-of-state company to consent to lawsuits in its courts as a condition of doing business there.

Result
Vacated

Impact

Out-of-state companies registered to do business in Pennsylvania may be sued there on any cause of action. General personal jurisdiction (a court’s power to hear any claim against a company) applies under this law. For example, Mallory sued Norfolk Southern in Pennsylvania over alleged workplace exposures in Ohio and Virginia. The Court said registration-based consent does not violate due process (a constitutional fairness requirement). The Court did not decide whether the statute is unconstitutional on other grounds.

Not official Court text.

Vote

Opinion documents

Timing

Decided June 27, 2023

The Court released its decision 231 days after oral argument on November 8, 2022. The median for cases argued in November is 160 days.

Based on 35 merits cases argued in November since 1995.Argument and decision days