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Volume XII, Number 280

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United States Supreme Court to Weigh in on Consent-by-Registration Theory of Personal Jurisdiction

On April 25, 2022, the United States Supreme Court agreed to hear the plaintiff’s appeal in Mallory v. Norfolk Southern Railway Company, 266 A.3d 542 (Pa. 2021), in which the Pennsylvania Supreme Court struck down the increasingly contentious “consent-by-registration” theory of personal jurisdiction. The theory deems corporate defendants to have consented to general personal jurisdiction (also known as “all-purpose” jurisdiction) in a forum based solely on its registration to conduct business there. As we reported in our February 2022 article—Mitigating Risks of Consent-by-Registration Personal Jurisdiction—four state high courts recently weighed in on the constitutionality of this theory, with one endorsing the theory and three rejecting it. The United States Supreme Court will now have the opportunity to resolve this “broad and entrenched split among both state and federal courts on this fundamental and recurring question of federal constitutional law,” as the Mallory certiorari petition describes it, in the October 2022 Term.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XII, Number 115
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About this Author

Alexandra B. Cunningham Products Liability Attorney Richmond
Partner

Ms. Cunningham is co-head of the firm’s products liability and mass tort litigation practice group. She represents major corporate clients in all aspects of product liability, mass tort and toxic tort and environmental litigation, including successfully defending catastrophic injury and death claims; asbestos, benzene, formaldehyde, hydrogen sulfide, solvent and silica-related premises and product liability claims; large-scale environmental toxin and exposure claims, involving PFAS, PAHs, fluorides, coal combustion residuals and hexavalent chromium; and claims of bacterial contamination in...

+1 804 787 8087
Merideth Snow Daly Insurance Attorney Hunton AK
Partner

Merideth’s practice focuses on all aspects of litigation and risk management, with particular focus on product liability, toxic tort, and environmental litigation, wrongful death and personal injury claims, and general commercial disputes.

Merideth represents clients in product and premises liability litigation involving allegations of toxic exposure (including asbestos, silica, formaldehyde, benzene, coal combustion residuals, and wood dust), environmental litigation (including claims involving PFAS and petroleum), catastrophic injury and death claims, bacterial food contamination...

+1 804 788 8645
Emily Mordecai Product Liability Attorney Hunton AK
Associate

Emily’s practice focuses on products liability, mass tort, and toxic tort litigation.

In addition to defending corporate clients through all phases of litigation, Emily also provides strategic advice to help clients achieve their business goals in ways that minimize litigation risk and comply with evolving state and federal regulations governing their operations.

Emily maintains an active pro bono practice. As a student member of the Appellate Litigation Clinic at the University of Virginia School of Law, she argued a prisoners’ rights case before the US Court of Appeals...

+1 804 788 8267
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