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Mallory v. Norfolk Southern Railway Co.

Docket No. Op. Below Argument Opinion Vote Author Term
21-1168 Pa. Nov 8, 2022 Jun 27, 2023 5-4 Gorsuch OT 2022

Holding: A Pennsylvania law requiring out-of-state companies that register to do business in Pennsylvania to agree to appear in Pennsylvania courts on "any cause of action" against them comports with the due process clause under Pennsylvania Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Milling Co.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Gorsuch on June 27, 2023. Justice Gorsuch announced the judgment of the court, delivered the opinion of the court with respect to Parts I and III-B, in which Justices Thomas, Alito, Sotomayor, and Jackson joined, and an opinion with respect to Parts II, III-A, and IV, in which Justices Thomas, Sotomayor, and Jackson joined. Justice Jackson filed a concurring opinion. Justice Alito filed an opinion concurring in part and concurring in the judgment. Justice Barrett filed a dissenting opinion, in which Chief Justice Roberts and Justices Kagan and Kavanaugh joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
02/18/2022Petition for a writ of certiorari filed. (Response due March 25, 2022)
03/08/2022Brief of respondent Norfolk Southern Railway Co. in opposition filed.
03/22/2022Reply of petitioner Robert Mallory filed. (Distributed)
03/23/2022DISTRIBUTED for Conference of 4/14/2022.
04/18/2022DISTRIBUTED for Conference of 4/22/2022.
04/25/2022Petition GRANTED.
04/28/2022Blanket Consent filed by Respondent, Norfolk Southern Railway Co.
04/28/2022Blanket Consent filed by Petitioner, Robert Mallory
05/05/2022Motion for an extension of time to file the briefs on the merits filed.
05/24/2022Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 5, 2022. The time to file respondent's brief on the merits is extended to and including August 26, 2022.
06/14/2022ARGUMENT SET FOR Tuesday, October, 11, 2022.
06/22/2022Record requested from the Supreme Court of Pennsylvania Eastern District.
07/01/2022Record received from the First Judicial District of Pennsylvania Trial Division - Civil Office of judicial records. 1 - Box.
07/05/2022Brief and separate Statutory Appendix of petitioner Robert Mallory filed.
07/05/2022Joint appendix filed. (Statement of costs filed)
07/08/2022Brief amicus curiae of Pennsylvania Association for Justice filed.
07/11/2022Brief amicus curiae of Academy of Rail Labor Attorneys filed.
07/12/2022Brief amici curiae of U.S. Terror Victims in support of neither party filed.
07/12/2022Amicus brief of Public Citizen not accepted for filing. (July 15, 2022 - Corrected PDF to be submitted.)
07/12/2022Brief amicus curiae of Public Citizen filed.
07/12/2022Brief amici curiae of The Center for Auto Safety and The Attorneys Information Exchange Group filed.
07/12/2022Brief amici curiae of Scholars on Corporate Registration and Jurisdiction in support of neither party filed.
07/12/2022Brief amicus curiae of American Association for Justice filed.
07/12/2022Brief amici curiae of Civil Procedure Professors in support of neither party filed.
07/12/2022Brief amicus curiae of Stephen E. Sachs in support of neither party filed.
07/12/2022Brief amicus curiae of United Policyholders, Inc. in support of neither party filed.
07/21/2022CIRCULATED
08/03/2022ARGUMENT RESCHEDULED for Tuesday, November 8, 2022.
08/26/2022Brief of respondent Norfolk Southern Railway Co. filed. (Distributed)
08/29/2022Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)
09/01/2022Brief amici curiae of Pennsylvania Coalition for Civil Justice Reform and the Pennsylvania Manufactures’ Association filed. (Distributed)
09/01/2022Brief amici curiae of DRI Center for Law and Public Policy and the International Association of Defense Counsel filed. (Distributed)
09/02/2022Brief amicus curiae of United States filed. (Distributed)
09/02/2022Brief amici curiae of National Association of Manufacturers and Product Liability Advisory Council, Inc filed. (Distributed)
09/02/2022Brief amicus curiae of Professor Tanya Monestier filed. (Distributed)
09/02/2022Brief amici curiae of Chamber of Commerce of the United States; American Tort Reform Association; Coalition for Litigation Justice; American Trucking Associations filed. (Distributed)
09/02/2022Brief amicus curiae of Association of American Railroads filed. (Distributed)
09/02/2022Brief amicus curiae of Professor Lea Brilmayer filed.
09/02/2022Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
09/02/2022Brief amici curiae of Virginia, et al. filed. (Distributed)
09/02/2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
09/12/2022Record requested from the Supreme Court of Pennsylvania Eastern District.
09/23/2022Reply of petitioner Robert Mallory filed. (Distributed)
10/03/2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
11/08/2022Argued. For petitioner: Ashley C. Keller, Chicago, Ill. For respondent: Carter G. Phillips, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
06/27/2023Judgment VACATED and case REMANDED. Gorsuch, J., announced the judgment of the Court, delivered the opinion of the Court with respect to Parts I and III–B, in which Thomas, Alito, Sotomayor, and Jackson, JJ., joined, and an opinion with respect to Parts II, III–A, and IV, in which Thomas, Sotomayor, and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Alito J., filed an opinion concurring in part and concurring in the judgment. Barrett, J., filed a dissenting opinion, in which Roberts, C. J., and Kagan and Kavanaugh, JJ., joined.
06/28/2023Record returned to the First Judicial District of Pennsylvania Trial Division - Civil Office of judicial records. 1 - Box.
07/31/2023Judgment and mandate issued.