Cases and Controversies

Justices May Further Limit Where Business Can Be Sued

11.10.2022 - By Bloomberg LawPlay

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The Supreme Court could continue to pull back on places where companies can be sued in a jurisdictional case that’s gotten little notice despite its importance to business.

Kimberly Robinson and Lydia Wheeler break down Tuesday’s high-court back and forth in Mallory v. Norfolk Southern Railway in the latest episode of Cases and Controversies podcast.

The court in recent terms has limited where companies can be hauled into court to cut down on forum shopping and to increase predictability for corporations.

The justices at the Mallory argument seemed likely to go further with regard to laws mandating that companies not based in a particular state consent to being sued, or submit to general jurisdiction, as a condition of doing business there. Norfolk Southern Railway, the defendant in Mallory, says the Pennsylvania law it’s fighting amounts to coercion.

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