In an Expert Analysis published by Law360, Partner Andrew Rhys Davies discusses the three key questions concerning what limitations due process imposes on personal jurisdiction that Mallory v Norfolk Southern Railway Co. left unanswered.
Excerpt: “The majority insists that Mallory is consistent with International Shoe, which, they say, merely staked out 'an additional road to jurisdiction over out-of-state corporations' — that is, contacts-based jurisdiction — without supplanting other roads, such as consent. The dissent sees things quite differently. Mallory does not formally overrule International Shoe, they say, ‘but it might as well.’"
