Mallory v. Norfolk Southern: Due Process and Requiring Out-of-State Firms to Consent to Personal Jurisdiction
Ensuring Equal Treatment for Individuals and Fictitious Corporate Persons
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss the ramifications of Mallory v. Norfolk Southern Railway Co., __ U.S. __ (June 27, 2023), and its application to other cases. The panel will analyze the Court's reasoning, the issues raised in Justice Alito's opinion concurring in part and in the judgment, and the arguments of the dissent to help counsel for both plaintiffs and defendants assess the decision’s consequences for personal jurisdiction.
Outline
- Jurisdiction by consent statutes overview
- Review of Mallory decision
- Plurality opinion
- Justice Alito's opinion concurring in part and in the judgment
- Dissent
- Strategies for plaintiffs
- Strategies for defendants
Benefits
The panel will consider these and other key issues:
- Would a contrary result in Mallory have given an out-of-state company more rights and privileges and fewer liabilities, restrictions, duties, and penalties than those imposed on domestic entities?
- Why was the Court concerned with the potential disparate treatment of the hypothetical conductor and Norfolk Southern?
- Did Mallory substantially broaden the bases for general personal jurisdiction over out-of-state corporations for claims brought by out-of-state plaintiffs or simply change the battlefield?
Faculty
Bennett Evan Cooper
Member
Dickinson Wright
Author of Federal Appellate Practice: Ninth Circuit (2015-2016 ed.), a 1,500-page treatise published annually, Mr.... | Read More
Author of Federal Appellate Practice: Ninth Circuit (2015-2016 ed.), a 1,500-page treatise published annually, Mr. Cooper is respected as a leading practitioner before the U.S. Court of Appeals for the Ninth Circuit. In addition, he has represented parties and amici curiae in the U.S. Supreme Court and the Second, Third, Fifth, Tenth, Eleventh, D.C. and Federal Circuits, as well as various state appellate courts. Mr. Cooper is a past chair of the ABA’s Council of Appellate Lawyers and began his legal career as a law clerk to Ninth Circuit Judge (and later Chief Judge) Alex Kozinski.
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Christopher S. Dodrill
Shareholder
Greenberg Traurig
Mr. Dodrill counsels and represents corporate and individual clients in federal and state courts in Texas and other... | Read More
Mr. Dodrill counsels and represents corporate and individual clients in federal and state courts in Texas and other jurisdictions across the country. He has a diverse litigation practice that includes complex commercial disputes, business torts, financial services litigation, data privacy actions, legal malpractice defense, and internal investigations. Mr. Dodrill has significant experience in multi-district litigation and class action defense.
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Thomas J. Sullivan
Partner
Shook Hardy & Bacon
Mr. Sullivan's litigation practice focuses on high-profile, complex commercial litigation and tort litigation,... | Read More
Mr. Sullivan's litigation practice focuses on high-profile, complex commercial litigation and tort litigation, including class actions, multi-district litigation, and other aggregate litigation throughout the United States. He has extensive experience in complex civil litigation across a variety of industries, practice areas, and geographies, and he has particularly deep experience defending class actions, commercial disputes in the life sciences and health care industries, and in toxic and mass tort litigation. Mr. Sullivan has represented companies in matters involving complex financial issues, construction and building materials, automobiles, pharmaceuticals, third-party payors, ERISA, RICO, supply and distribution issues, food and beverage labeling, and various consumer products and contracts. Many of these matters have been litigated against the backdrop of criminal and/or regulatory enforcement efforts. He has played a lead role at trials in state and federal court in which he has examined fact and expert witnesses, and he has argued appeals. Mr. Sullivan also has extensive arbitration experience. He also maintains an active pro bono practice committed to litigating issues of systemic justice.
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