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Pennsylvania
Related: About this forumPennsylvania is the only state with this law. A Supreme Court ruling just upheld it
Philadelphia Inquirer link: https://www.inquirer.com/business/supreme-court-ruling-pennsylvania-law-business-lawsuits-20230628.html
The U.S. Supreme Court on Tuesday narrowly ruled to uphold a Pennsylvania law that requires corporations doing business in the commonwealth to consent to being sued in its courts. The rule is unusual because it allows corporations to be sued by anyone, for conduct anywhere, in Pennsylvania courts. Pennsylvania is the only state with this type of statute.
The decision was made in the case of Mallory v. Norfolk Southern Railway. The plaintiff, Robert Mallory, was a freight-car mechanic for Norfolk Southern for 20 years. After being diagnosed with cancer, Mallory attributed his diagnosis to his time with the company and sued Norfolk Southern.
At the time of his original complaint, Mallory was living in Virginia, where the company is also incorporated, but he filed the suit in Pennsylvania and pointed to Norfolk Southerns presence in Pennsylvania, noting that Norfolk Southern manages over 2,000 miles of track, operates 11 rail yards, and runs three locomotive repair shops in Pennsylvania, the SCOTUS ruling said.
The U.S. Supreme Courts decision overturned an earlier judgment from the Pennsylvania Supreme Court that sided with Norfolk Southern, which had challenged Mallorys suit and claimed it violated the due-process clause of the Fourteenth Amendment.
The decision was made in the case of Mallory v. Norfolk Southern Railway. The plaintiff, Robert Mallory, was a freight-car mechanic for Norfolk Southern for 20 years. After being diagnosed with cancer, Mallory attributed his diagnosis to his time with the company and sued Norfolk Southern.
At the time of his original complaint, Mallory was living in Virginia, where the company is also incorporated, but he filed the suit in Pennsylvania and pointed to Norfolk Southerns presence in Pennsylvania, noting that Norfolk Southern manages over 2,000 miles of track, operates 11 rail yards, and runs three locomotive repair shops in Pennsylvania, the SCOTUS ruling said.
The U.S. Supreme Courts decision overturned an earlier judgment from the Pennsylvania Supreme Court that sided with Norfolk Southern, which had challenged Mallorys suit and claimed it violated the due-process clause of the Fourteenth Amendment.
- more at link -
Scotus justices split 5-4. Justices who voted for the majority: Gorsuch, Thomas, Sotomayor, Jackson and Alito. Dissenting justices: Barrett, Kagan, Kavanaugh and Roberts.
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Pennsylvania is the only state with this law. A Supreme Court ruling just upheld it (Original Post)
FakeNoose
Jun 2023
OP
bucolic_frolic
(47,313 posts)1. wow that case really fractured political lines
Pennsylvania lawyers will have a lot of business!
jimfields33
(19,214 posts)2. I'd rather this then corporations being exempt from being sued.
Corporations are not special and deserved criticism and lawsuits when warranted. Good for Pennsylvania! Now the other 49 states need to allow their citizens to sue companies if needed.
lark
(24,280 posts)3. Strange bedfellows with this ruling.
Don't understand but I'd love to know the reason.
FemDemERA
(412 posts)4. That's what I was thinking too
Quite the mix on either side.
TomSlick
(11,970 posts)5. I have only read the Court's synopsis but
the decision seems consistent with recent decisions regarding personal jurisdiction. The Pennsylvania statute was intended to skirt these decisions.