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Mallory v. Norfolk Southern Railway Co.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1168 | Pa. |
Nov 8, 2022 |
Jun 27, 2023 | 5-4 | Gorsuch | OT 2022 |
Holding: 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 under Pennsylvania Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Milling Co.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Gorsuch on June 27, 2023. Justice Gorsuch announced the judgment of the court, delivered the opinion of the court with respect to Parts I and III-B, in which Justices Thomas, Alito, Sotomayor, and Jackson joined, and an opinion with respect to Parts II, III-A, and IV, in which Justices Thomas, Sotomayor, and Jackson joined. Justice Jackson filed a concurring opinion. Justice Alito filed an opinion concurring in part and concurring in the judgment. Justice Barrett filed a dissenting opinion, in which Chief Justice Roberts and Justices Kagan and Kavanaugh joined.
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| Date | Proceedings and Orders |
|---|---|
| Feb 18 2022 | Petition for a writ of certiorari filed. (Response due March 25, 2022) |
| Mar 08 2022 | Brief of respondent Norfolk Southern Railway Co. in opposition filed. |
| Mar 22 2022 | Reply of petitioner Robert Mallory filed. (Distributed) |
| Mar 23 2022 | DISTRIBUTED for Conference of 4/14/2022. |
| Apr 18 2022 | DISTRIBUTED for Conference of 4/22/2022. |
| Apr 25 2022 | Petition GRANTED. |
| Apr 28 2022 | Blanket Consent filed by Respondent, Norfolk Southern Railway Co. |
| Apr 28 2022 | Blanket Consent filed by Petitioner, Robert Mallory |
| May 05 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| May 24 2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 5, 2022. The time to file respondent's brief on the merits is extended to and including August 26, 2022. |
| Jun 14 2022 | ARGUMENT SET FOR Tuesday, October, 11, 2022. |
| Jun 22 2022 | Record requested from the Supreme Court of Pennsylvania Eastern District. |
| Jul 01 2022 | Record received from the First Judicial District of Pennsylvania Trial Division - Civil Office of judicial records. 1 - Box. |
| Jul 05 2022 | Brief and separate Statutory Appendix of petitioner Robert Mallory filed. |
| Jul 05 2022 | Joint appendix filed. (Statement of costs filed) |
| Jul 08 2022 | Brief amicus curiae of Pennsylvania Association for Justice filed. |
| Jul 11 2022 | Brief amicus curiae of Academy of Rail Labor Attorneys filed. |
| Jul 12 2022 | Brief amici curiae of U.S. Terror Victims in support of neither party filed. |
| Jul 12 2022 | Amicus brief of Public Citizen not accepted for filing. (July 15, 2022 - Corrected PDF to be submitted.) |
| Jul 12 2022 | Brief amicus curiae of Public Citizen filed. |
| Jul 12 2022 | Brief amici curiae of The Center for Auto Safety and The Attorneys Information Exchange Group filed. |
| Jul 12 2022 | Brief amici curiae of Scholars on Corporate Registration and Jurisdiction in support of neither party filed. |
| Jul 12 2022 | Brief amicus curiae of American Association for Justice filed. |
| Jul 12 2022 | Brief amici curiae of Civil Procedure Professors in support of neither party filed. |
| Jul 12 2022 | Brief amicus curiae of Stephen E. Sachs in support of neither party filed. |
| Jul 12 2022 | Brief amicus curiae of United Policyholders, Inc. in support of neither party filed. |
| Jul 21 2022 | CIRCULATED |
| Aug 03 2022 | ARGUMENT RESCHEDULED for Tuesday, November 8, 2022. |
| Aug 26 2022 | Brief of respondent Norfolk Southern Railway Co. filed. (Distributed) |
| Aug 29 2022 | Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed) |
| Sep 01 2022 | Brief amici curiae of Pennsylvania Coalition for Civil Justice Reform and the Pennsylvania Manufactures’ Association filed. (Distributed) |
| Sep 01 2022 | Brief amici curiae of DRI Center for Law and Public Policy and the International Association of Defense Counsel filed. (Distributed) |
| Sep 02 2022 | Brief amicus curiae of United States filed. (Distributed) |
| Sep 02 2022 | Brief amici curiae of National Association of Manufacturers and Product Liability Advisory Council, Inc filed. (Distributed) |
| Sep 02 2022 | Brief amicus curiae of Professor Tanya Monestier filed. (Distributed) |
| Sep 02 2022 | Brief amici curiae of Chamber of Commerce of the United States; American Tort Reform Association; Coalition for Litigation Justice; American Trucking Associations filed. (Distributed) |
| Sep 02 2022 | Brief amicus curiae of Association of American Railroads filed. (Distributed) |
| Sep 02 2022 | Brief amicus curiae of Professor Lea Brilmayer filed. |
| Sep 02 2022 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| Sep 02 2022 | Brief amici curiae of Virginia, et al. filed. (Distributed) |
| Sep 02 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
| Sep 12 2022 | Record requested from the Supreme Court of Pennsylvania Eastern District. |
| Sep 23 2022 | Reply of petitioner Robert Mallory filed. (Distributed) |
| Oct 03 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
| Nov 08 2022 | Argued. For petitioner: Ashley C. Keller, Chicago, Ill. For respondent: Carter G. Phillips, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Jun 27 2023 | Judgment VACATED and case REMANDED. Gorsuch, J., announced the judgment of the Court, delivered the opinion of the Court with respect to Parts I and III–B, in which Thomas, Alito, Sotomayor, and Jackson, JJ., joined, and an opinion with respect to Parts II, III–A, and IV, in which Thomas, Sotomayor, and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Alito J., filed an opinion concurring in part and concurring in the judgment. Barrett, J., filed a dissenting opinion, in which Roberts, C. J., and Kagan and Kavanaugh, JJ., joined. |
| Jun 28 2023 | Record returned to the First Judicial District of Pennsylvania Trial Division - Civil Office of judicial records. 1 - Box. |
| Jul 31 2023 | Judgment and mandate issued. |
