Keller Postman Files Merits Brief in Mallory v. Norfolk Southern Railway

Last week, after previously convincing the U.S. Supreme Court to hear our client’s case, Keller Postman filed its merits brief in Mallory v. Norfolk Southern Railway. Keller Postman seeks to vindicate the right of plaintiffs to sue a corporate defendant in any state where the defendant has registered to do business in the State and the State’s registration statute requires consent to general personal jurisdiction.

Keller Postman’s brief explains how its position is correct both under a traditionalist, historical approach to interpreting the Constitution that looks to the original public meaning of the Due Process Clause, and under an approach that focuses on contemporary notions of due process.

Partner Ashley Keller is Counsel of Record for 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 general personal jurisdiction when it registered to do business in the State.

Ashley will argue before the Supreme Court on October 11, 2022. This is a vital case for employees, consumers, and the Constitution, and Keller Postman is honored to stand alongside Mr. Mallory—and all future plaintiffs—to help level the playing field when ordinary Americans sue powerful corporations for their injuries.

On the brief with Keller Postman are Charles Cooper of Cooper & Kirk, and Daniel C. Levin and Frederick S. Longer of Levin, Sedran & Berman. Also on the brief from Keller Postman are Managing Partner Warren Postman, Partner Zina Bash, Counsel Matthew Seligman, and Associate Noah Heinz.