Not too long ago we discussed post-remand Pennsylvania Supreme Court filings in the Mallory personal jurisdiction matter. After reviewing both sides’ filings, we observed: “[U]nless the Pennsylvania Supreme Court in Mallory were to act contrary to the positions of both sides, the DCC issue will be decided promptly, on this appeal.”
Well, that’s exactly what happened. On August 29, the Pennsylvania high court entered this order:
AND NOW, this 29th day of August, 2023, Norfolk Southern Railway Company’s Application to Set a Briefing Schedule on Remand from the U.S. Supreme Court or, Alternatively, to Exercise King’s Bench or Extraordinary Jurisdiction is DENIED. Pursuant to Mallory v. Norfolk Southern Railway Company, 143 S.Ct. 2028 (filed Jun. 27, 2023), the judgment of the Court of Common Pleas of Philadelphia County is REVERSED, and the case is REMANDED to that court for further proceedings.
So no relief will be forthcoming on registration-based general jurisdiction from this quarter. We expect Pennsylvania courts, and particularly the unfortunate jury pools in Philadelphia and Allegheny Counties, to be burdened with large amounts of litigation having nothing whatever to do with the Commonwealth.