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Civil Procedure Keyed to Erichson
Robert Mallory, Petitioner v. Norfolk Southern Railway Co.
Citation:
600 U.S. 122 (2023)Facts
Robert Mallory worked for Norfolk Southern Railway Company as a freight-car mechanic for nearly twenty years, first in Ohio and then in Virginia. During his employment, he was responsible for spraying boxcar pipes with asbestos, handling chemicals in the railroad’s paint shop, and demolishing car interiors that allegedly contained carcinogens. After leaving the company, Mallory moved to Pennsylvania temporarily before returning to Virginia. He was subsequently diagnosed with cancer, which he attributed to his workplace exposures at Norfolk Southern. Norfolk Southern had registered to do business in Pennsylvania in 1998, maintaining over 2,000 miles of track, operating 11 rail yards, and running 3 locomotive repair shops in the Commonwealth. Pennsylvania law explicitly required foreign corporations to register and consent to general jurisdiction as a condition of doing business in the state.
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