Mallory v. Norfolk Southern Railway Co.

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Mallory v Norfolk Southern Railway Co. In this case, the court considered this issue: Does a state registration statute for out-of-state corporations that purports to confer general personal jurisdiction over the registrant violate the Due Process Clause of the Fourteenth Amendment? The case was decided on June 27, 2023.  The Supreme Court held that a Pennsylvania law requiring out-of-state companies that register to do business in Pennsylvania to agree to appear in Pennsylvania courts on “any cause of action” against them comports with the Due Process Clause. Justice Neil Gorsuch authored the main opinion of the Court. The outcome in this case is controlled by the Court’s decision in Pennsylvania Fire Insurance Co. v Gold Issue Mining & Milling Co., which held that suits based on the defendant’s consent to jurisdiction do not deny the defendant due process of law. The Pennsylvania Supreme Court concluded otherwise based on its erroneous belief that the Court had “implicitly overruled Pennsylvania Fire in International Shoe Co. v Washington. However, rather than displace Pennsylvania Fire, International Shoe merely paved an additional road to jurisdiction over out-of-state corporations. Thus, the facts of this case fall squarely within Pennsylvania Fire, and there is no due process violation. Justice Ketanji Brown Jackson authored a concurring opinion noting another precedent, Insurance Corp. of Ireland v Compagnie des Bauxites de Guinee, which she finds “particularly instructive.” Justice Samuel Alito authored an opinion concurring in part and concurring in the judgment. Justice Alito agreed with the plurality that exercising jurisdiction pursuant to the state registration statute does not violate the Due Process Clause, but he opined that the statute might be unconstitutional on other grounds not before the Court. Justice Amy Coney Barrett authored a dissenting opinion, in which Chief Justice John Roberts and Justices Elena Kagan and Brett Kavanaugh joined, arguing that compelled state registration does not constitute “consent.” The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.