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Constitutional Challenges Personal Jurisdiction

Fox Rothschild LLP

U.S. Supreme Court Rules Unanimously That Federal Courts Can Exercise Jurisdiction Over the Palestinian Authority in Damages...

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In 2019, Congress enacted the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA), which created jurisdiction over the Palestinian Authority (PA) and Palestine Liberation Organization (PLO) for...more

Gordon Rees Scully Mansukhani

Illinois Senate Bill 328: Expansion of General Jurisdiction Over Foreign “Out-of-State” Corporations in Toxic Tort Cases

On May 31, 2025, the Illinois General Assembly passed Senate Bill 328 (SB 328), which introduces a targeted expansion of general personal jurisdiction in Illinois civil litigation. The bill amends Section 2-209 of the...more

Dorsey & Whitney LLP

The Supreme Court Update - June 23, 2025

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On June 20, 2025, the Supreme Court of the United States issued six decisions: Diamond Alternative Energy, LLC v. Environmental Protection Agency, No. 24-7: This case addresses fuel producers’ Article III standing to...more

Troutman Pepper Locke

Court of Appeals Blocks Texas AG From Enforcing Pre-Litigation Subpoena

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The U.S. Court of Appeals for the District of Columbia recently enjoined Texas Attorney General (AG) Ken Paxton from enforcing a pre-litigation subpoena issued to Media Matters for America (Media Matters). The subpoena is...more

DLA Piper

Out-of-State Companies Face Increased Litigation Risk Under Illinois's Proposed Jurisdictional Law

DLA Piper on

Illinois is known for large verdicts in toxic tort cases, and the state has become a prime venue for forum shopping by plaintiffs’ attorneys. Illinois Senate Bill 328, if signed into law, will make it easier for plaintiffs to...more

WilmerHale

U.S. Supreme Court Holds That FSIA Does Not Require Plaintiffs to Prove Minimum Contacts to Establish Personal Jurisdiction Over a...

WilmerHale on

On June 5, 2025, the U.S. Supreme Court held in a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. that the Foreign Sovereign Immunities Act (FSIA) does not require plaintiffs to show that a foreign state...more

Carlton Fields

Florida Appeals Court Decisions Week of June 9 - 13, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Scott v. Miami - probable cause - USA v. Ferretiz-Hernandez - immigration, reentry prohibition, constitutionality - Jekyll Island v. Polygroup Macau - personal jurisdiction,...more

White & Case LLP

U.S. Supreme Court Holds that the FSIA Does Not Require Proof of “Minimum Contacts” for a U.S. Court to Exercise Personal...

White & Case LLP on

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd. The Court clarified that the Foreign Sovereign Immunities Act permits a U.S. court to exercise personal...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Clarifies FSIA Personal Jurisdiction Standard

On June 5, 2025, the U.S. Supreme Court in CC/Devas (Mauritius) Ltd., et al. v. Antrix Corp., et al., No. 23-1201 held that personal jurisdiction exists over a foreign entity under the Foreign Sovereign Immunities Act (FSIA)...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Whether the Palestinian Authority Can Be Sued In the United States for Terror Attacks in Israel

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The United States Supreme Court may soon decide whether U.S. victims of terrorist attacks in Israel may sue the Palestinian Authority (“PA”) and the Palestine Liberation Organization (“PLO)” for damages in U.S. courts. In...more

Allen Matkins

Is Registration As A Foreign Corporation A Form Of Compelled Consent?

Allen Matkins on

Not too long ago, I wrote about a bill that is currently pending in the Nevada legislature, AB 158.  This bill would authorize Nevada courts to exercise general personal jurisdiction over entities on the sole basis that the...more

Axinn, Veltrop & Harkrider LLP

Will the Supreme Court Upend the Jurisdictional Landscape?

Many defendants with no connection to the jurisdiction in which they are sued may assert a personal jurisdiction defense to avoid defending against claims in far-flung courts. In cases brought under state law, this defense is...more

Allen Matkins

Nevada Bill Would Bestow Personal Jurisdiction On Business Entities Who Simply Register

Allen Matkins on

Earlier this month, Nevada Assemblymember Erica Roth introduced a bill, A.B. 158, to authorize Nevada courts to exercise general personal jurisdiction over entities on the sole basis that the entity...more

Maynard Nexsen

Global Coverage, Global Jurisdiction? Analyzing Efforts to Expand Personal Jurisdiction Over Insurers

Maynard Nexsen on

Across the United States, courts disagree about where an insurance company may be subject to personal jurisdiction. For instance, is a territory-of-coverage provision relevant to personal jurisdiction? What about registering...more

Jones Day

U.S. Supreme Court to Consider Constitutionality of Federal Personal Jurisdiction Over Extraterritorial Acts

Jones Day on

The U.S. Supreme Court will consider whether U.S. courts have personal jurisdiction over foreign defendants under the Promoting Security and Justice for Victims of Terrorism Act ("PSJVTA")....more

Amundsen Davis LLC

A Year With Mallory: Revisiting The Concept of Consenting to General Personal Jurisdiction

Amundsen Davis LLC on

On June 27, 2023, Truck on highwaythe Supreme Court of the United States decided Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023). The divided Court upheld a Pennsylvania corporate registration statute which...more

WilmerHale

3 Personal Jurisdiction Questions Mallory Leaves Unanswered

WilmerHale on

The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades — since the U.S. Supreme Court's 1945 ruling in International Shoe Co. v. Washington — looks...more

Bricker Graydon LLP

U.S. Supreme Court Decides That Companies May Be Deemed to Have Consented to General Personal Jurisdiction in States Where They...

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In a case issued on June 27, 2023, a divided Supreme Court decided another important personal jurisdiction case – Mallory v. Norfolk Southern Railway Co., 2023 WL 4187749. The principal issue was whether a foreign corporation...more

Benesch

Far From Home: Supreme Court Expands General Jurisdiction for Out-of-State Defendants in Mallory v. Norfolk Southern Railway Co.

Benesch on

When served with a summons and complaint for an out-of-state lawsuit, one of the first things a defendant is likely to ask is—can this court compel me to appear? Given that most transportation and logistics-related disputes...more

Benesch

Supreme Court Expands General Jurisdiction in Mallory v. Norfolk Southern Railway Co., Marking Departure from “At Home”...

Benesch on

The test for personal jurisdiction, which asks whether a defendant can be compelled to litigate in a particular state, has been extensively developed over the past several decades, and notably refined in the last fifteen...more

Katten Muchin Rosenman LLP

Mallory v. Norfolk Southern Railway Co.: Supreme Court Recognizes Existence of Consent-Based Theory of General Personal...

The US Supreme Court recently issued a decision in Mallory v. Norfolk Southern Railway Co holding that a Pennsylvania statute requiring corporations to "consent" to suit in Pennsylvania courts in order to register to do...more

Venable LLP

When International Shoe Doesn't Fit: Personal Jurisdiction After Mallory v. Norfolk Southern

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Every first-year law student learns two ways that a court can have jurisdiction over a corporate defendant. If the defendant has "minimum contacts" with a state, and the plaintiff's injuries arise out of those contacts, then...more

Saul Ewing LLP

Mallory v. Norfolk Southern Railway—A Crossroads of Consent and Corporate Jurisdiction

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​On June 27, 2023, the U.S. Supreme Court decided that states can require corporations registered in their state to consent to be sued in the state as a condition of doing business there—even if the facts of a lawsuit...more

Lathrop GPM

Supreme Court Holds Corporation Waived Due Process Rights and Consented to General Personal Jurisdiction by Registering to do...

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On June 27, 2023, the United States Supreme Court held in Mallory v. Norfolk Southern R. Co., No. 21-1168, 2023 WL 4187749, that Norfolk Southern submitted to the state of Pennsylvania’s general jurisdiction (that is, being...more

BakerHostetler

Corporate Consent Jurisdiction and the Supreme Court's Landmark Mallory Decision

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The Supreme Court has significantly expanded the possible grounds for personal jurisdiction against corporations, upholding Pennsylvania’s statute requiring foreign businesses registered in the Commonwealth to consent to...more

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