Supreme Court of the United States · Official docket →
Norfolk Southern Railway Company v. Robert Willmore Mallory, as Administrator of the Estate of Robert Thurston Mallory, et al.
Paid petition · Court of Common Pleas of Pennsylvania, Philadelphia County, No. 170901961 · judgment April 7, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Last time this case was here, the Court held that Pennsylvania did not violate due process by exercising general personal jurisdiction over Norfolk Southern Railway based solely on its registration to do business in Pennsylvania, even though this suit has “no connection to the Commonwealth.” See Mallory v. Norfolk S. Ry., 600 U.S. 122, 135 (2023); id. at 170 (Barrett, J., dissenting). The Court did not resolve “Norfolk Southern’s alternative argument that Pennsylvania’s statutory scheme as applied here violates this Court’s dormant Commerce Clause doctrine,” with the majority noting that this issue “remains for consideration on remand.” Id. at 127 n.3. Concurring, Justice Alito explained that registration-based jurisdiction likely violates the dormant Commerce Clause in cases with no forum link. Id. at 160. On remand, the Pennsylvania courts summarily rejected Norfolk Southern’s Commerce Clause arguments. The question presented is: Whether “Pennsylvania’s assertion of jurisdiction here—over an out-of-state company in a suit brought by an out-of-state plaintiff on claims wholly unrelated to Pennsylvania—violates” the Constitution, including the Commerce Clause. Id. (i)
Counsel of record
For petitioner
Tobias Samuel Loss-Eaton
Sidley Austin LLP
For respondent
Daniel Caleb Levin
Levin Sedran & Berman LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage
Proceedings
- Jul 15 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 14 2026Reply of petitioner Norfolk Southern Railway Company filed. (Distributed)
- Jun 26 2026Brief of Robert Willmore Mallory, as Administrator of the Estate of Robert Thurston Mallory, et al. in opposition not accepted for filing. (To be resubmitted - June 26, 2026)
- Jun 26 2026Brief of respondents Robert Willmore Mallory, as Administrator of the Estate of Robert Thurston Mallory, et al. in opposition filed. (Resubmitted)
- May 28 2026Brief amicus curiae of Washington Legal Foundation filed.
- May 06 2026Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2026.
- May 05 2026Motion to extend the time to file a response from May 29, 2026 to June 29, 2026, submitted to The Clerk.
- Apr 29 2026Response Requested. (Due May 29, 2026)
- Apr 28 2026DISTRIBUTED for Conference of 5/14/2026.
- Apr 23 2026Brief amicus curiae of Atlantic Legal Foundation filed.
- Apr 22 2026Waiver of right of respondent Robert Willmore Mallory, as Administrator of the Estate of Robert Thurston Mallory, et al. to respond filed.
- Apr 17 2026Petition for a writ of certiorari filed. (Response due May 22, 2026)