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.
SCOTUSblog Coverage
- Court upholds state corporate registration law in major personal jurisdiction case (Amy Howe, June 27, 2023)
- Jurisdictional dispute appears to scramble the courts usual ideological lines (Amy Howe, November 8, 2022)
- Originalist arguments and business interests clash in a dispute over where companies can be sued (Amy Howe, November 7, 2022)
- Affirmative action cases up first in November argument calendar (Amy Howe, August 3, 2022)
- Cases on Clean Water Act and Voting Rights Act will headline October oral arguments (Amy Howe, June 14, 2022)
- Court adds new cases on DNA testing for inmates, personal jurisdiction for corporations (Amy Howe, April 26, 2022)
- Animal rights and the First Amendment, due process and a confession of error (John Elwood, April 20, 2022)
- The Buffalo Billion plan and Montana easement cases (Andrew Hamm, March 11, 2022)
| Date | Proceedings and Orders |
|---|---|
| 02/18/2022 | Petition for a writ of certiorari filed. (Response due March 25, 2022) |
| 03/08/2022 | Brief of respondent Norfolk Southern Railway Co. in opposition filed. |
| 03/22/2022 | Reply of petitioner Robert Mallory filed. (Distributed) |
| 03/23/2022 | DISTRIBUTED for Conference of 4/14/2022. |
| 04/18/2022 | DISTRIBUTED for Conference of 4/22/2022. |
| 04/25/2022 | Petition GRANTED. |
| 04/28/2022 | Blanket Consent filed by Respondent, Norfolk Southern Railway Co. |
| 04/28/2022 | Blanket Consent filed by Petitioner, Robert Mallory |
| 05/05/2022 | Motion for an extension of time to file the briefs on the merits filed. |
| 05/24/2022 | 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. |
| 06/14/2022 | ARGUMENT SET FOR Tuesday, October, 11, 2022. |
| 06/22/2022 | Record requested from the Supreme Court of Pennsylvania Eastern District. |
| 07/01/2022 | Record received from the First Judicial District of Pennsylvania Trial Division - Civil Office of judicial records. 1 - Box. |
| 07/05/2022 | Brief and separate Statutory Appendix of petitioner Robert Mallory filed. |
| 07/05/2022 | Joint appendix filed. (Statement of costs filed) |
| 07/08/2022 | Brief amicus curiae of Pennsylvania Association for Justice filed. |
| 07/11/2022 | Brief amicus curiae of Academy of Rail Labor Attorneys filed. |
| 07/12/2022 | Brief amici curiae of U.S. Terror Victims in support of neither party filed. |
| 07/12/2022 | Amicus brief of Public Citizen not accepted for filing. (July 15, 2022 - Corrected PDF to be submitted.) |
| 07/12/2022 | Brief amicus curiae of Public Citizen filed. |
| 07/12/2022 | Brief amici curiae of The Center for Auto Safety and The Attorneys Information Exchange Group filed. |
| 07/12/2022 | Brief amici curiae of Scholars on Corporate Registration and Jurisdiction in support of neither party filed. |
| 07/12/2022 | Brief amicus curiae of American Association for Justice filed. |
| 07/12/2022 | Brief amici curiae of Civil Procedure Professors in support of neither party filed. |
| 07/12/2022 | Brief amicus curiae of Stephen E. Sachs in support of neither party filed. |
| 07/12/2022 | Brief amicus curiae of United Policyholders, Inc. in support of neither party filed. |
| 07/21/2022 | CIRCULATED |
| 08/03/2022 | ARGUMENT RESCHEDULED for Tuesday, November 8, 2022. |
| 08/26/2022 | Brief of respondent Norfolk Southern Railway Co. filed. (Distributed) |
| 08/29/2022 | Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed) |
| 09/01/2022 | Brief amici curiae of Pennsylvania Coalition for Civil Justice Reform and the Pennsylvania Manufactures" Association filed. (Distributed) |
| 09/01/2022 | Brief amici curiae of DRI Center for Law and Public Policy and the International Association of Defense Counsel filed. (Distributed) |
| 09/02/2022 | Brief amicus curiae of United States filed. (Distributed) |
| 09/02/2022 | Brief amici curiae of National Association of Manufacturers and Product Liability Advisory Council, Inc filed. (Distributed) |
| 09/02/2022 | Brief amicus curiae of Professor Tanya Monestier filed. (Distributed) |
| 09/02/2022 | Brief amici curiae of Chamber of Commerce of the United States; American Tort Reform Association; Coalition for Litigation Justice; American Trucking Associations filed. (Distributed) |
| 09/02/2022 | Brief amicus curiae of Association of American Railroads filed. (Distributed) |
| 09/02/2022 | Brief amicus curiae of Professor Lea Brilmayer filed. |
| 09/02/2022 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| 09/02/2022 | Brief amici curiae of Virginia, et al. filed. (Distributed) |
| 09/02/2022 | 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. |
| 09/12/2022 | Record requested from the Supreme Court of Pennsylvania Eastern District. |
| 09/23/2022 | Reply of petitioner Robert Mallory filed. (Distributed) |
| 10/03/2022 | 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. |
| 11/08/2022 | 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.) |
| 06/27/2023 | Judgment VACATED and case REMANDED. Gorsuch, J., announced the judgment of the Court, delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1168_f2ah.pdf'>opinion</a> 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. |
| 06/28/2023 | Record returned to the First Judicial District of Pennsylvania Trial Division - Civil Office of judicial records. 1 - Box. |
| 07/31/2023 | Judgment and mandate issued. |