No. 21-1168October Term 2022Decided Jun 27, 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
- 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
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
- Vote split
- 5-4
- Majority author
- Neil Gorsuch
Majority
- Neil Gorsuch(author)
- Clarence Thomas
- Sonia Sotomayor
- Ketanji Brown Jackson(concurring, author)
- Samuel A. Alito, Jr.(concurring)
Dissenting
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.
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 5, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 21-1168
docket | Sep 5, 2026
Primary case document
Supreme Court document | Sep 5, 2026
CourtListener docket record
docket | Sep 5, 2026
Questions Presented
brief | Mar 12, 2026
opinion
opinion | Jun 27, 2023
Petition
brief | Feb 18, 2022
SupremeCourt.gov
official | Sep 5, 2026
SupremeCourt.gov
official | Sep 5, 2026
SupremeCourt.gov
official | Sep 5, 2026
SupremeCourt.gov
official | Sep 5, 2026