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BNSF Railway Company v. Tanner Lynn

Paid petition · Court of Appeals of Minnesota, No. A24-1449 · judgment July 7, 2025


Certiorari denied · May 4, 2026
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

By statute, Minnesota requires nonresident corporations to apply for certificates of authority to transact business in the State. The Minnesota Supreme Court has construed that statute to extract applicants’ consent to general personal jurisdiction in Minnesota’s courts in exchange for permission to do business in the State. As a result of this statutory scheme, Minnesota claims the authority to adjudicate suits with no connection to the State brought by nonresident plaintiffs against nonresident corporations. In Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023), this Court held that Pennsylvania’s consent-by-registration scheme did not violate the Due Process Clause of the Fourteenth Amendment. But the Court left unresolved whether a State’s assertion of authority to resolve disputes with no jurisdictionally relevant connection to the forum was nonetheless unconstitutional under the dormant Commerce Clause. Id. at 127 n.3. The question presented is: Whether the Commerce Clause permits a State to extract consent to jurisdiction from nonresident corporations as a condition of their right to do business in the State, even for cases involving nonresident plaintiffs and out-of-state conduct. (I)

Counsel of record

For petitioner
Lisa S. Blatt
Williams & Connolly LLP

For respondent

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Linked docket
25A740

Proceedings

  1. May 04 2026
    Petition DENIED.
  2. Apr 15 2026
    DISTRIBUTED for Conference of 5/1/2026.
  3. Apr 03 2026
    Brief amicus curiae of Association of American Railroads filed.
  4. Apr 03 2026
    Brief amicus curiae of Washington Legal Foundation filed.
  5. Mar 26 2026
    Brief amicus curiae of Atlantic Legal Foundation filed.
  6. Mar 02 2026
    Petition for a writ of certiorari filed. (Response due April 3, 2026)
  7. Dec 30 2025
    Application (25A740) granted by Justice Kavanaugh extending the time to file until March 2, 2026.
  8. Dec 19 2025
    Application (25A740) to extend the time to file a petition for a writ of certiorari from January 1, 2026 to March 2, 2026, submitted to Justice Kavanaugh.