Supreme Court OKs State's Corporate Consent-To-Jurisdiction Law, But Door Is Ajar For Future Challenges

Supreme Court OKs State's Corporate Consent-To-Jurisdiction Law, But Door Is Ajar For Future Challenges

June 28, 2023, ABA Journal

Kevin King’s commentary was included in an ABA Journal article on the recent U.S. Supreme Court decision, Mallory v. Norfolk S. Railway Co., which upheld a Pennsylvania state law that says companies registered in Pennsylvania can be sued in its state courts, regardless of what ties, if any, the specific claim has to the state.

Reflecting on the breakdown and implications of the opinion, Kevin said, “It’s [a] 4-1-4 decision with Justice Alito in the middle. Justice Alito, while ruling in Mallory’s favor in this case, holds out the possibility that Norfolk Southern could prevail on remand on a commerce clause theory that the other justices largely do not address.”