Personal Jurisdiction

Beer Halls and Forum Selection Clauses

Homer Simpson once described alcohol as the “cause of, and solution to, all of life’s problems.” The same can be said for forum selection clauses. In the hands of the cognoscenti, these provisions can operate as magical elixirs that completely insulate a litigant from liability. In the hands of those unfamiliar with their intricacies, these…

Continue Reading

Recapping Media Coverage of Mallory

Last Tuesday, the Supreme Court heard oral arguments in Mallory v. Norfolk Southern Railway Co., a personal jurisdiction case on review from the Pennsylvania Supreme Court. Robert Mallory, a Virginia resident employed in Virginia and Ohio, sued Norfolk Southern, then based and incorporated in Virginia, in Pennsylvania state court. The case asks the Supreme Court…

Continue Reading

Cert Petition Raises Personal Jurisdiction Question in Context of the TVPRA

The Trafficking Victims Protection Reauthorization Act (TVPRA) explicitly authorizes extraterritorial application to six predicate offenses (18 U.S.C. § 1596) and creates a private right of action (18 U.S.C. § 1595). Assuming without deciding that § 1595’s civil remedy extends extraterritorially to the same extent as those six predicate offenses, the Ninth Circuit in Ratha v….

Continue Reading

Consent and Personal Jurisdiction: The Mallory Oral Argument

On Tuesday November 8, 2022, the U.S. Supreme Court heard oral argument in Mallory v. Norfolk Southern Railway, a case that Reuters called “a sleeper case . . . [that] could be a nightmare for corporations.”  The case involves a railway worker, Robert Mallory, a resident of Virginia, who had worked for Norfolk Southern for…

Continue Reading

Oral Argument on Personal Jurisdiction Today

The Supreme Court will hear oral argument today in Mallory v. Norfolk Southern Railway, a personal jurisdiction case in which the defendant “consented” to general jurisdiction in Pennsylvania based on a corporate registration statute. Although Mallory itself involves no transnational facts, the case could have important implications for foreign defendants. Pennsylvania’s registration and long-arm statutes,…

Continue Reading

Singer on Personal Jurisdiction Law and Choice-of-Law Doctrine

Professor Joseph Singer has a terrific new article that is well worth reading. In Hobbes & Hanging: Personal Jurisdiction v. Choice of Law, published in the Arizona Law Review, he writes about the contradictions between personal jurisdiction law and choice-of-law doctrine in the United States. He argues that personal jurisdiction law is one-sided and unbalanced…

Continue Reading

District Court Dismisses Another Case Against MBS for Lack of Personal Jurisdiction

Two weeks ago, while King Salman was appointing Crown Prince Muhammad bin Salman (MBS) as Prime Minister of Saudi Arabia in an apparent bid to secure him head-of-state immunity in a suit brought by Jamal Khashoggi’s widow, the judge in a different case quietly dismissed another plaintiff’s claims against MBS for lack of personal jurisdiction….

Continue Reading

The Controversy over Non-Signatories to Forum Selection Clauses Goes Meta

Since the mid-1970s, forum selection clauses have become an increasingly pervasive feature of the contracting and litigation landscape. While scholars still debate whether and when certain parties to boilerplate contracts (such as consumers, employees, or other parties with limited bargaining power) should be bound to such clauses, a separate controversy has emerged over the extent…

Continue Reading

A Deeply Flawed Personal Jurisdiction Decision in the SDNY

When dealing with forum selection clauses, one of the most important—if unappreciated—distinctions is between inbound and outbound clauses. An inbound clause selects the court where the suit was filed. An outbound clause selects a court that that is not the forum. Another important distinction is the one between exclusive clauses, which stipulate that suit must…

Continue Reading

Transnational Litigation Anticipation: Previewing the Court’s Next Term

TLB recently recapped the Supreme Court’s transnational litigation cases from last Term. This post looks ahead to the upcoming Term, for which the Court has already granted certiorari in a personal jurisdiction case that may have implications for transnational litigation. TLB is also tracking several interesting petitions for certiorari in disputes involving the Foreign Sovereign…

Continue Reading

Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Matt Hornung

Cornell Law School
Bio | Posts

Jonathan Schaffer-Goddard

Holwell Shuster & Goldberg; 4 Pump Court, London
Bio | Posts

Chimène Keitner

UC Hastings Law
Bio | Posts

David P. Stewart

Georgetown University Law Center
Bio | Posts

Curtis A. Bradley

University of Chicago Law School
Bio | Posts

Benjamin Hayward

Department of Business Law and Taxation, Monash Business School
Bio | Posts

Rajat Lal

Faculty of Law, Monash University
Bio | Posts

David Landau

Florida State University College of Law
Bio | Posts

Katie Burghardt Kramer

DGW Kramer LLP
Bio | Posts

Tanya Monestier

University at Buffalo School of Law
Bio | Posts