Subject: United States Supreme Court

Supreme Court Reinstates Statutory “Consent” to General Personal Jurisdiction


On June 27, 2023, the United States Supreme Court decided Mallory v. Norfolk Southern Railway Co., 2023 WL 4187749, 600 U.S. ___ (June 27, 2023), a decision that likely will reinvigorate forum-shopping efforts by plaintiffs in the Commonwealth of Pennsylvania and possibly elsewhere. The decision—supported by a plurality of Justices and the concurrence of Justice Alito—upholds a Pennsylvania law that requires out-of-state corporations registering to do business in Pennsylvania to consent to general personal jurisdiction within the Commonwealth. Overlooking decades of personal jurisdiction jurisprudence, Mallory reinstates a form of personal jurisdiction previously cast by many courts as a dead letter: general jurisdiction by statutory “consent.”

Continue reading “Supreme Court Reinstates Statutory “Consent” to General Personal Jurisdiction”