If Mallory v. Norfolk Southern Railway Co., slip op. (June 27, 2023), were a prescription medical product case, it would probably qualify as the worst judicial decision since the Blog was created – due to its potential scope. Since it’s not, Wyeth v. Levine, 555 U.S. 555 (2009), retains that title. But because it does not arise from what we do, Mallory is in certain ways worse. Not only does it give free reign to all litigation tourism in Pennsylvania, but it opens the door to any other state potentially to do the same thing.
Continue Reading Litigation Tourism Lives – Mallory Reversed