The Supreme Court’s recent opinion in Mallory v. Norfolk Southern R. Co. is the most significant decision on the exercise of personal jurisdiction over corporations since Daimler AG v. Bauman, 571 U.S. 117 (2014). In Mallory, the Court held that the Fourteenth Amendment’s Due Process clause allows states to require corporations to consent to the exercise of general jurisdiction as a condition of registering to do business in the state. The plaintiff, a Virginia resident, filed his complaint in Pennsylvania against Norfolk Southern. The plaintiff alleged that Norfolk Southern exposed him to carcinogens in Ohio and Virginia.
Under the Court’s minimum contacts test, jurisdiction would almost certainly have been improper. Specific jurisdiction would not have been available because the claims did not arise from Norfolk Southern’s contacts with the forum, but from the company’s activity in Ohio and Virginia. General jurisdiction would likewise have been improper because Norfolk Southern is headquartered and incorporated in Virginia, not Pennsylvania.
Mallory, however, Read more
