No longer too way back we mentioned post-remand Pennsylvania Excellent Court docket filings within the Mallory non-public jurisdiction topic. After reviewing all sides’ filings, we seen: “[U]nless the Pennsylvania Excellent Court docket in Mallory have been to behave opposite to the positions of all sides, the DCC factor will likely be determined promptly, in this attraction.”
Smartly, that’s precisely what took place. On August 29, the Pennsylvania prime court docket entered this order:
AND NOW, this twenty ninth day of August, 2023, Norfolk Southern Railway Corporate’s Utility to Set a Briefing Time table on Remand from the U.S. Excellent Court docket or, Then again, to Workout King’s Bench or Peculiar Jurisdiction is DENIED. Pursuant to Mallory v. Norfolk Southern Railway Corporate, 143 S.Ct. 2028 (filed Jun. 27, 2023), the judgment of the Court docket of Commonplace Pleas of Philadelphia County is REVERSED, and the case is REMANDED to that court docket for additional complaints.
So no reduction will likely be coming near near on registration-based common jurisdiction from this quarter. We think Pennsylvania courts, and specifically the unlucky jury swimming pools in Philadelphia and Allegheny Counties, to be confused with massive quantities of litigation having not anything no matter to do with the Commonwealth.
