Decided

No. 21-1168

Robert Mallory v. Norfolk Southern Railway Co.

from the Supreme Court of Pennsylvania, Eastern District

See other cases from Pennsylvania.

Docket Entries

Judgment and mandate issued.

Record returned to the First Judicial District of Pennsylvania Trial Division - Civil Office of judicial records. 1 - Box.

Judgment VACATED and case REMANDED. Gorsuch, J., announced the judgment of the Court, delivered the opinion of the Court with respect to Parts I and III–B, in which Thomas, Alito, Sotomayor, and Jackson, JJ., joined, and an opinion with respect to Parts II, III–A, and IV, in which Thomas, Sotomayor, and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Alito J., filed an opinion concurring in part and concurring in the judgment. Barrett, J., filed a dissenting opinion, in which Roberts, C. J., and Kagan and Kavanaugh, JJ., joined.

Argued. For petitioner: Ashley C. Keller, Chicago, Ill. For respondent: Carter G. Phillips, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.

Reply of petitioner Robert Mallory filed. (Distributed)

Record requested from the Supreme Court of Pennsylvania Eastern District.

Brief amicus curiae of Washington Legal Foundation filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.

Brief amici curiae of Virginia, et al. filed. (Distributed)

Brief amici curiae of Chamber of Commerce of the United States; American Tort Reform Association; Coalition for Litigation Justice; American Trucking Associations filed. (Distributed)

Brief amicus curiae of Professor Tanya Monestier filed. (Distributed)

Brief amici curiae of National Association of Manufacturers and Product Liability Advisory Council, Inc filed. (Distributed)

Brief amicus curiae of United States filed. (Distributed)

Brief amicus curiae of Professor Lea Brilmayer filed.

Brief amicus curiae of Association of American Railroads filed. (Distributed)

Brief amici curiae of Pennsylvania Coalition for Civil Justice Reform and the Pennsylvania Manufactures’ Association filed. (Distributed)

Brief amici curiae of DRI Center for Law and Public Policy and the International Association of Defense Counsel filed. (Distributed)

Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)

Brief of respondent Norfolk Southern Railway Co. filed. (Distributed)

ARGUMENT RESCHEDULED for Tuesday, November 8, 2022.

CIRCULATED

Brief amicus curiae of Public Citizen filed.

Brief amici curiae of U.S. Terror Victims in support of neither party filed.

Brief amicus curiae of United Policyholders, Inc. in support of neither party filed.

Brief amicus curiae of Stephen E. Sachs in support of neither party filed.

Amicus brief of Public Citizen not accepted for filing. (July 15, 2022 - Corrected PDF to be submitted.)

Brief amici curiae of Civil Procedure Professors in support of neither party filed.

Brief amicus curiae of American Association for Justice filed.

Brief amici curiae of Scholars on Corporate Registration and Jurisdiction in support of neither party filed.

Brief amici curiae of The Center for Auto Safety and The Attorneys Information Exchange Group filed.

Brief amicus curiae of Academy of Rail Labor Attorneys filed.

Brief amicus curiae of Pennsylvania Association for Justice filed.

Joint appendix filed. (Statement of costs filed)

Record received from the First Judicial District of Pennsylvania Trial Division - Civil Office of judicial records. 1 - Box.

Record requested from the Supreme Court of Pennsylvania Eastern District.

ARGUMENT SET FOR Tuesday, October, 11, 2022.

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 5, 2022. The time to file respondent's brief on the merits is extended to and including August 26, 2022.

Motion for an extension of time to file the briefs on the merits filed.

Blanket Consent filed by Petitioner, Robert Mallory

Blanket Consent filed by Respondent, Norfolk Southern Railway Co.

Petition GRANTED.

DISTRIBUTED for Conference of 4/22/2022.

DISTRIBUTED for Conference of 4/14/2022.

Reply of petitioner Robert Mallory filed. (Distributed)

Brief of respondent Norfolk Southern Railway Co. in opposition filed.

Petition for a writ of certiorari filed. (Response due March 25, 2022)

Parties

Robert Mallory, Petitioner, represented by Ashley Conrad Keller

Norfolk Southern Railway Co., Respondent, represented by Carter G. Phillips

Amici Curiae

Academy of Rail Labor Attorenys, Amicus Curiae, represented by Lawrence Moses Mann

Academy of Rail Labor Attorneys, Amicus Curiae, represented by Lawrence Moses Mann

American Association for Justice, Amicus Curiae, represented by Jeffrey Robert White

Association of American Railroads, Amicus Curiae, represented by Thomas Henderson Dupree Jr.

Atlantic Legal Foundation, Amicus Curiae, represented by Lawrence S. Ebner

Cassandra Burke Robertson, et al., Amicus Curiae, represented by Andrew Stuart Pollis

Chamber of Commerce of the United States; American Tort Reform Association; Coalition for Litigation Justice; American Trucking Associations, Amicus Curiae, represented by Peter Bowman Rutledge

Civil Procedure Professors, Amicus Curiae, represented by Alan B. Morrison

Commonwealth of Virginia, Amicus Curiae, represented by Andrew Nathan Ferguson

DRI Center for Law and Public Policy and the International Association of Defense Counsel, Amicus Curiae, represented by Zach Chaffee-McClure

National Association of Manufacturers and Product Liability Advisory Council, Inc, Amicus Curiae, represented by Philip S. Goldberg

Pennsylvania Association for Justice, Amicus Curiae, represented by Ruxandra Maniu Laidacker

Pennsylvania Coalition for Civil Justice Reform and the Pennsylvania Manufactures’ Association, Amicus Curiae, represented by James M. Beck

Professor Lea Brilmayer, Amicus Curiae, represented by Scott Andrew Eisman

Professor Tanya Monestier, Amicus Curiae, represented by Sean Marotta

Public Citizen, Amicus Curiae, represented by Scott Lawrence Nelson

Stephen E. Sachs, Amicus Curiae, represented by Stephen Edward Sachs

The Center for Auto Safety and The Attorneys Information Exchange Group, Amicus Curiae, represented by Larry E. Coben

United Policyholders, Inc., Amicus Curiae, represented by Christopher Edward Kozak

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

U.S. Terror Victims, Amicus Curiae, represented by Eric F. Citron

Washington Legal Foundation, Amicus Curiae, represented by John Mercer Masslon II

 
Last updated: November 7, 2024