Future Retirement Success
  • Politics
  • Business
  • Investing
  • Stocks
  • Politics
  • Business
  • Investing
  • Stocks

Future Retirement Success

Investing

Mallory v. Norfolk Southern: Boom Days Ahead for Forum‐​Shoppers?

by June 27, 2023
June 27, 2023

Walter Olson

Should a state be allowed to set, as a condition for out of state firms to do business, that they consent to being sued there in disputes with no relation whatever to the state? Today in Mallory v. Norfolk Southern Railway Co. the Supreme Court said “sure.” That’s likely to set off a boom in forum‐​shopping lawsuits at the expense of both economic rationality and fairness — and yet it’s also a plausible reading of the Court’s precedents on personal jurisdiction. Hence the Court’s deep split today, which crossed ideological lines.

The Court’s previous development of sound rules for personal jurisdiction has been one of its great successes of recent years and has materially rolled back many excesses of the previous litigation explosion. On the other hand, consent matters — matters so much, in fact, that it can sometimes require swallowing doubts about fairness of outcomes. That’s a lesson of the Court’s successful jurisprudence on arbitration — though that same lesson is rejected by many of those cheering today’s outcome.

Justice Alito’s concurrence notes that the Dormant Commerce Clause, which itself has been shrinking in application lately, might offer a way to stanch the practical damage. We should look for other ways too.

0
FacebookTwitterGoogle +Pinterest
previous post
Moore v. Harper: Supreme Court Rejects Independent State Legislature Theory
next post
Why Are Cops in Charge of Medical Research and the Practice of Medicine?

You may also like

The GOP ‘Stimulus Package’ for Campus DEI

December 22, 2023

States Pursue Alternative Licensing Pathways for Lawyers

March 28, 2024

Fitch Downgrades U.S. Debt

August 2, 2023

Update: DOJ Jumps the Shark

February 14, 2025

Content Creators, Entrepreneurship, and Tech Policy

May 1, 2025

Friday Feature: Homeschool Connections Educational Services

April 12, 2024

Leland B. Yeager on the Case for Free...

April 14, 2025

Defuse the Culture War with Liberated Education

June 29, 2023

Ohioans Decisively Vote to Legalize Recreational Marijuana

November 8, 2023

Colorado Supreme Court Rules Trump Off Ballot

December 20, 2023

    Get free access to all of the retirement secrets and income strategies from our experts! or Join The Exclusive Subscription Today And Get the Premium Articles Acess for Free

    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Recent Posts

    • Musk jokes about reconsidering stance on Big Beautiful Bill after Schiff’s praise

      June 7, 2025
    • Musk deletes explosive posts about Trump and Epstein files

      June 7, 2025
    • House witness flips script on Dem who ambushed him during hearing with unearthed tweet: ‘Iceberg is ahead’

      June 7, 2025
    • Call with China’s Xi, and Trump-Musk exchange fueled barbs during 20th week in office

      June 7, 2025
    • Trump’s conservative allies warn Congress faces critical ‘test’ with $9.4B spending cut proposal

      June 7, 2025
    • Tech ETFs are Leading Since April, but Another Group is Leading YTD

      June 7, 2025

    Categories

    • Business (8,152)
    • Investing (2,019)
    • Politics (15,567)
    • Stocks (3,136)
    • About us
    • Privacy Policy
    • Terms & Conditions

    Disclaimer: futureretirementsuccess.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

    Copyright © 2025 futureretirementsuccess.com | All Rights Reserved