The Court held that Pennsylvania's registration statute, which requires non-Pennsylvania companies registering to do business within the state to accept general personal jurisdiction in Pennsylvania courts, does not violate the Due Process Clause of the Fourteenth Amendment.
Although Mallory does not have transnational facts, it may have major implications for personal jurisdiction in transnational cases. The Court's 2014 decision in Daimler A.G. v. Bauman largely eliminated general jurisdiction over foreign corporations in U.S. courts. Corporate registration statutes, however, may provide plaintiffs with an alternative basis for jurisdiction.
Legislative Control of Personal Jurisdiction—An Opening Door
As every first-year law student learns in Civil Procedure, the Supreme Court constitutionalized the law of personal jurisdiction in Pennoyer v. Neff (1878), holding that the Due Process Clause of the Fourteenth Amendment limits the jurisdiction that state courts may exercise. Legislatures still have roles to play. States enact long-arm statutes to reach non-resident defendants,…
Continue ReadingThe Personal Jurisdiction Case With Everything
In one of my favorite moves, The Princess Bride, the grandfather describes the story as having everything: “Fencing! Fighting! Revenge! Giants! Chases! Escapes! True love! Miracles!” This scene popped into my head when I was reading a recent decision by the Court of Appeals of Texas (Fourteenth District). That opinion, Certain Underwriters at Lloyd’s London…
Continue ReadingFuld Preview: AALS Panel on Mallory and More
Next week, the Supreme Court will hear oral argument in Fuld v. Palestinian Liberation Organization. TLB’s prior coverage of Fuld can be found here. Among the key issues in Fuld is whether the Promoting Security and Justice for Victims of Terrorism Act’s scheme for consent-based personal jurisdiction is constitutional. In 2023, the Supreme Court decided…
Continue ReadingAaron Tang, Originalism on Trial at the Supreme Court, Slate (Nov. 3, 2022)
Matt Horning, Recapping Media Coverage of Mallory,TLB (Nov. 16, 2022)


