On June 27, the US Supreme Court upheld an unusual Pennsylvania law that allows plaintiffs to sue corporations in state court over disputes that have no direct connection to the state.
The court split on nonpartisan lines in Mallory v. Norfolk Southern Railway Co. -- on an issue that seems dry and technical to non-lawyers (also to many lawyers), so it's unlikely to garner much attention. But the decision is worth paying attention to, because it signals that the court might be less inclined to shield corporations from suit than it has been in the past.
In this case, Robert Mallory sued his former employer, Norfolk Southern Railway, over alleged exposure to carcinogens while at work. Mallory sued in Pennsylvania, even though he and Norfolk Southern are Virginia citizens, and he worked for the company in Virginia and Ohio.
The lack of connection between Mallory's claims and Pennsylvania would usually mean that, under the Due Process Clause of the Fourteenth Amendment, the state courts can't assert 'personal jurisdiction' over Norfolk Southern.



