Larry Coben, shareholder at Anapol Weiss. Courtesy photo Can Corporations Registered to Do Business in Pa. Defeat Jurisdiction Under Dormant Commerce Clause Argument?
In this moment in time, the perplexing issue raised by this appeal is why shouldn't a nationwide corporation be subject to personal jurisdiction in each state in which it decides to obtain the benefits obtained by registering to do business and carrying out continuous and substantial business—regardless of the state in which the harm has arisen?
August 04, 2023 at 12:50 PM
6 minute read
Litigation
On June 27, the U.S. Supreme Court agreed with the argument of the plaintiff and its amici and reversed the Pennsylvania Supreme Court's decision in Mallory v. Norfolk Southern Railway, 600 U.S. ___ (2023). The result of this ruling is to open the doors of more courts to the victims of corporate neglect (and product defect).
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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