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April 27, 2022

Reuters: U.S. Supreme Court to Weigh States’ Jurisdiction Over Out-of-State Companies

The U.S Supreme Court has granted review of Keller Postman’s cert petition seeking to vindicate the rights of ordinary Americans to sue corporations that harm them wherever those corporations have consented to jurisdiction—including by registering to do business in a State when the State’s registration statute requires such consent. 

Click here to read more from Reuters.

KP Co-Founder and Partner Ashley Keller will argue before the Court on behalf of client Robert Mallory, who worked for defendant Norfolk Southern Railway Company for almost 20 years. During that time, the company negligently and recklessly exposed Mr. Mallory to asbestos and other toxic chemicals, which caused him to develop colon cancer. Mr. Mallory sued the company in Pennsylvania state court, where the company had consented to jurisdiction when it registered to do business in the State.

The case—Mallory v. Norfolk Southern Railway Co.—marks a pivotal point for employees, consumers, and the Constitution. As KP’s brief underscores, a ruling for Mr. Mallory will reconfirm “the original public meaning” of “the Constitution that has guided state and federal courts since the Fourteenth Amendment was first ratified.”

Also on the briefs are KP Managing Partner Warren Postman, Partner Zina Bash, and Counsel Matthew Seligman, along with Daniel C. Levin and Frederick S. Longer of Levin, Sedran & Berman.