Mallory v. Norfolk Southern Railway Co. | |
---|---|
Argued November 8, 2022 Decided June 27, 2023 | |
Full case name | Robert Mallory v. Norfolk Southern Railway Co. |
Docket no. | 21-1168 |
Citations | 600 U.S. 122 ( more ) |
Argument | Oral argument |
Opinion announcement | Opinion announcement |
Case history | |
Prior | Dismissed (Court of Common Pleas of Philadelphia County); affirmed, 266 A.3d 542 (Pa. 2021); certiorari granted (April 25, 2022) |
Questions presented | |
Whether the Due Process Clause of the Fourteenth Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction to do business in the state. | |
Holding | |
A Pennsylvania law requiring out-of-state companies that register to do business in Pennsylvania to agree to appear in Pennsylvania courts is consistent with Due Process. | |
Court membership | |
| |
Case opinions | |
Majority | Gorsuch (Parts I and III–B), joined by Thomas, Alito, Sotomayor, Jackson |
Plurality | Gorsuch (Parts II, III–A, and IV), joined by Thomas, Sotomayor, Jackson |
Concurrence | Jackson |
Concurrence | Alito (in part and in judgment) |
Dissent | Barrett, joined by Roberts, Kagan, Kavanaugh |
Laws applied | |
U.S. Const. amend. XIV |
Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023), was a United States Supreme Court case in which the court held that a Pennsylvania law that requires out-of-state companies to agree to appear in Pennsylvania courts as a prerequisite to registering for business in the state is consistent with Due Process. [1]
Robert Mallory sued Norfolk Southern Railway in the Pennsylvania Court of Common Pleas in and for Philadelphia County under the Federal Employers Liability Act, asserting his work for the corporation exposed him to carcinogens. Mallory had worked for the railroad in Ohio and Virginia, and both he and the company resided in Virginia at the time as well. The sole basis for personal jurisdiction over the company in Pennsylvania was that it had implicitly consented by registering to do business in the commonwealth. In Pennoyer v. Neff , the Supreme Court delivered a major ruling on personal jurisdiction, which was later upended by the International Shoe Co. v. Washington decision. The Supreme Court of Pennsylvania sided against Mallory, ruling that consent-by-registration jurisdiction does violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution. [2]
Mallory filed a petition for a writ of certiorari. [3]
This section needs expansion. You can help by adding to it. (June 2023) |
Certiorari was granted in the case on April 25, 2022. Oral arguments were heard on November 8, 2022. On June 27, 2023, the U.S. Supreme Court vacated the Supreme Court of Pennsylvania's decision and remanded for further proceedings in a 4–1–4 decision.
Pennsylvania requires out-of-state companies that register to do business in the Commonwealth to agree to appear in its courts on “any cause of action” against them. 42 Pa. Cons. Stat. § 5301(a)(2)(i), (b) (2019)
The issue in this case was "whether the Due Process Clause of the Fourteenth Amendment prohibits a State from requiring an out-of-state corporation to consent to personal jurisdiction to do business there". The majority ruled against Norfolk Southern and the Pennsylvania Supreme Court, finding that Pennsylvania courts did possess personal jurisdiction and that the Due Process Clause was not violated.
The Majority denied the request to overturn Pennsylvania Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Milling Co., 243 U.S. 93 (1917) and found that precedent comparable with International Shoe Co. v. Washington .
Justice Ketanji Brown Jackson wrote separately to discuss the precedent of Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982) and explain that the railroad did waive its personal jurisdiction. She also mentions that the railroad was not coerced into waiving its personal jurisdiction; rather, Norfolk Southern wanted to do business in Pennsylvania and so willingly chose to waive its personal jurisdiction.
Justice Samuel Alito who concurred in part and in the judgment.
Alito expressed concern about the Dormant Commerce Clause, writing "I am not convinced, however, that the Constitution permits a State to impose such a submission-to-jurisdiction requirement". To Alito, "there is a good prospect that Pennsylvania’s assertion of jurisdiction here—over an out-of-state company in a suit brought by an out-of-state plaintiff on claims wholly unrelated to Pennsylvania—violates the Commerce Clause"
Alito also explicitly mentioned "we have never held that the Due Process Clause protects against forum shopping".
Justice Amy Coney Barrett dissented, expressing concern that the Majority's decision will make specific jurisdiction "superfluous" for corporation because these state laws require corporations who do any business in the state to consent to personal jurisdiction.
Barrett wrote that "while our [Supreme Court's] due process precedent permits States to place reasonable conditions on foreign corporations in exchange for access to their markets, there is nothing reasonable about a State extracting consent in cases where it has "'no connection whatsoever'".
Barrett also disagreed that Pennsylvania Fire represented controlling precedent, differentiating it by explaining that in that case, the company had explicitly consented to waive personal jurisdiction. Here, Norfolk Southern never explicitly consented; rather, it was deemed to have waived personal jurisdiction by registering in the state.
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made more certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus...".
Planned Parenthood v. Casey, 505 U.S. 833 (1992), was a landmark decision of the Supreme Court of the United States in which the Court upheld the right to have an abortion as established by the "essential holding" of Roe v. Wade (1973) and issued as its "key judgment" the restoration of the undue burden standard when evaluating state-imposed restrictions on that right. Both the essential holding of Roe and the key judgment of Casey were overturned by the Supreme Court in 2022, with its landmark decision in Dobbs v. Jackson Women's Health Organization.
International Shoe Co. v. Washington, 326 U.S. 310 (1945), was a landmark decision of the Supreme Court of the United States in which the Court held that a party, particularly a corporation, may be subject to the jurisdiction of a state court if it has "minimum contacts" with that state. The ruling has important consequences for corporations involved in interstate commerce, their payments to state unemployment compensation funds, limits on the power of states imposed by the Due Process Clause of the Fourteenth Amendment, the sufficiency of service of process, and, especially, personal jurisdiction.
Minimum contacts is a term used in the United States law of civil procedure to determine when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state. The United States Supreme Court has decided a number of cases that have established and refined the principle that it is unfair for a court to assert jurisdiction over a party unless that party's contacts with the state in which that court sits are such that the party "could reasonably expect to be haled into court" in that state. This jurisdiction must "not offend traditional notions of fair play and substantial justice". A non-resident defendant may have minimum contacts with the forum state if they 1) have direct contact with the state; 2) have a contract with a resident of the state; 3) have placed their product into the stream of commerce such that it reaches the forum state; 4) seek to serve residents of the forum state; 5) have satisfied the Calder effects test; or 6) have a non-passive website viewed within the forum state.
The Roberts Court is the time since 2005 during which the Supreme Court of the United States has been led by John Roberts as Chief Justice. Roberts succeeded William Rehnquist as Chief Justice after Rehnquist's death.
McGee v. International Life Insurance Co., 355 U.S. 220 (1957), was a case following in the line of decisions interpreting International Shoe v. Washington. The Court declared that California did not violate the due process clause by entering a judgment upon a Texas insurance company who was engaged in a dispute over a policy it maintained with a California resident. The importance of this finding is highlighted by the facts of the case; mainly that International Life Insurance did no other business within the state of California besides maintaining this single policy, which the company became responsible for by its acquisition of another insurance company which previously had held the policy. However; the case never explicitly stated that no other business was conducted within California and the previous assumption is presumptive by definition.
United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330 (2007), was a United States Supreme Court case about interstate commerce. Chief Justice John Roberts wrote the opinion of the Court, holding that New York county ordinances forcing private waste management companies to deliver waste to a public facility did not discriminate against interstate commerce. Justice Samuel Alito wrote a dissent.
Perkins v. Benguet Mining Co., 342 U.S. 437 (1952), was a United States Supreme Court case which held that an Ohio state court could exercise general personal jurisdiction over a foreign corporation on the basis of that company's "continuous and systematic" contacts with the state of Ohio. Benguet Consolidated Mining Co. was a Philippine mining corporation, owned by American John W. Hausermann, that temporarily stopped its mining operations and relocated its president to Ohio during the World War II Japanese occupation of the Philippines. The Court held that the president's use of his office in Ohio to carry on continuous business activities during this period allowed Ohio to properly assert general jurisdiction over his company.
Hess v. Pawloski, 274 U.S. 352 (1927), was a case in which the Supreme Court of the United States held that a statute designating the Massachusetts registrar of motor vehicles as agent for purpose of service of process for out-of-state non-resident motorists complies with the Due Process Clause of the Fourteenth Amendment.
Allgeyer v. Louisiana, 165 U.S. 578 (1897), was a landmark case of the Supreme Court of the United States in which a unanimous bench struck down a Louisiana statute for violating an individual's liberty of contract. It was the first case in which the Supreme Court interpreted the word liberty in the Due Process Clause of the Fourteenth Amendment to mean economic liberty. The decision marked the beginning of the Lochner era during which the Supreme Court struck many state regulations for infringing on an individual's right to contract. The Lochner era lasted 40 years and ended when West Coast Hotel Co. v. Parrish was decided in 1937.
James v. Dravo Contracting Co., 302 U.S. 134 (1937), is a 5-to-4 ruling by the Supreme Court of the United States that a state's corporate income tax did not violate the Supremacy Clause of the United States Constitution by taxing the Federal government of the United States. It was the first time the Court had upheld a tax on the federal government. The decision is considered a landmark in the field of federal tax immunity, underpins modern legal interpretations of the Supremacy Clause in the U.S. Constitution, and established the "legal incidence test" for tax cases.
Bensusan Restaurant Corp. v. King, 126 F.3d 25, is a 1997 United States Court of Appeals for the Second Circuit case that helped define the parameters of personal jurisdiction in the Internet context, specifically for passive websites that only advertise local services. The opinion, written by Judge Ellsworth Van Graafeiland, affirmed the United States District Court for the Southern District of New York's holding that defendant Richard B. King's Internet website did not satisfy New York's long-arm statute requirements for plaintiff Bensusan Restaurant Corporation to bring a trademark infringement suit in New York. The District Court's decision also likened creating a website to merely placing a product into the stream of commerce, and held that such an act was insufficient to satisfy due process and personal jurisdiction requirements.
Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 571 U.S. 49 (2013), was a United States Supreme Court decision dealing with the enforcement of forum selection clauses.
Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, 582 U.S. ___ (2017), was a United States Supreme Court case in which the Court held that California courts lacked personal jurisdiction over the defendant on claims brought by plaintiffs who are not California residents and did not suffer their alleged injury in California. It is part of a group of six cases decided since 2011 that have greatly changed the application of personal jurisdiction.
BNSF Railway Co. v. Tyrrell, 581 U.S. ___, 137 S. Ct. 1549 (2017), was a United States Supreme Court case in which the Court held that the Montana courts lacked personal jurisdiction over a railroad that was not incorporated in Montana and did not have its principal place of business in Montana, even though the railroad had more than 2,000 miles of track and 2,000 employees within Montana. It was the first Supreme Court case argued before a Court that included newly appointed Associate Justice Neil Gorsuch.
Franchise Tax Board of California v. Hyatt, 587 U.S. 230 (2019), was a United States Supreme Court case that determined that unless they consent, states have sovereign immunity from private suits filed against them in the courts of another state. The 5–4 decision overturned precedent set in a 1979 Supreme Court case, Nevada v. Hall. This was the third time that the litigants had presented their case to the Court, as the Court had already ruled on the issue in 2003 and 2016.
Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020), was a United States Supreme Court case involving whether the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which limits habeas corpus judicial review of the decisions of immigration officers, violates the Suspension Clause of Article One of the U.S. Constitution. In the 7–2 opinion, the Court ruled that the law does not violate the Suspension Clause.
Ford Motor Co. v. Montana Eighth Judicial Dist., 592 U.S. ___ (2021), was a U.S. Supreme Court case involving personal jurisdiction of a state court in product liability lawsuits. The case, consolidated with Ford Motor Co. v. Bandemer, involved two product liability lawsuits brought against the Ford Motor Company at the state level related to two drivers' injuries in separate accidents involving Ford's vehicles in Montana and Minnesota. Ford challenged the lawsuits as the vehicles in question were manufactured elsewhere so the states did not have personal jurisdiction over that conduct. The Supreme Court ruled in a 8–0 decision that because, under the Due Process Clause, the claims "arise out of or relate to" Ford's business and marketing activities, those activities gave sufficient claim for the states to assert personal jurisdiction over the liability lawsuits.