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Supreme Court Allows Unusual Pennsylvania Law on Corporate Suits

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Supreme Court Allows Unusual Pennsylvania Law on Corporate Suits


The Supreme Court upheld a Pennsylvania law on Tuesday that requires corporations to consent to being sued in its courts — by anyone, for conduct anywhere — as a condition for doing business in the state.

Only Pennsylvania has such a law. But the ruling may pave the way for other states to enact similar ones, giving injured consumers, workers and others more choices of where to sue and subjecting corporations to suits in courts they may view as hostile to business.

The Supreme Court was split 5 to 4, with Justice Neil M. Gorsuch writing for the majority. In ruling against the corporation at the center of the case, Norfolk Southern, Justice Gorsuch rejected its argument that it was entitled “to a more favorable rule, one shielding it from suits even its employees must answer” under the Fourteenth Amendment.

In dissent, Justice Amy Coney Barrett, joined by Chief Justice John G. Roberts Jr. and Justices Elena Kagan and Brett M. Kavanaugh, wrote that Pennsylvania’s law unfairly harmed other states’ rights because it imposed “a blanket claim of authority over controversies with no connection to the commonwealth.”

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The case was brought by Robert Mallory, who said he developed cancer after being exposed to toxic chemicals during his nearly two decades as a freight car mechanic in Virginia and Ohio for Norfolk Southern Railway, which was incorporated in Virginia and, at the time, was based there.

Mr. Mallory contended that his job entailed spraying boxcar pipes with asbestos and demolishing car interiors that, he claims, contained carcinogens. The question in the case was whether he could sue in a third state with no concrete connection to the suit: Pennsylvania.

The decision came after the derailment of a Norfolk Southern train carrying toxic chemicals near the Pennsylvania state line, which amplified the stakes of the case. A fire ensued and led to fears of an explosion, prompting the authorities to burn off some of the train’s hazardous cargo and raising worries about harms to public health and the environment.

The derailment loomed over the ruling on Tuesday, with Justice Gorsuch addressing it directly at the start of his opinion. Suppose an Ohio resident sued the train conductor because of an illness from the accident, he wrote. If the resident served the lawsuit on the conductor just over the border in Pennsylvania, the justices would all agree that a court in the state could hear the case. But Norfolk Southern had argued that it would be shielded from that very scenario, Justice Gorsuch wrote.

“Nothing in the due process clause requires such an incongruous result,” Justice Gorsuch added.

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The Supreme Court has long said that corporations may be sued where they are incorporated or where their headquarters are. And they may be sued in particular cases if the plaintiff’s claims are related to the defendant’s contacts with the state.

Mr. Mallory relied on none of those bases for jurisdiction. Rather, he pointed to a Pennsylvania law that requires companies that do business in the state to consent to being sued there.

In explaining the historical backdrop of the case, Mallory v. Norfolk Southern Railway, No. 21-1168, Justice Gorsuch explained the ways that corporations have pushed back against where claims against them may be heard.

“Unsurprisingly, corporations did not relish the prospect of being haled into court for any claim anywhere they conducted business,” he wrote.

Norfolk Southern has also promoted its business in Pennsylvania, he wrote. In his opinion, Justice Gorsuch included a fact sheet by the company, which features a graphic chart with a yellow map of Pennsylvania that outlines its “extensive network of track and terminals.”

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In her dissent, Justice Barrett wrote that Pennsylvania’s claim to general jurisdiction over all corporations lawfully doing business in the state “flies in the face of our precedent.”

“Pennsylvania’s power grab infringes on more than just the rights of defendants — it upsets the proper role of the states in our federal system,” she added.



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Pennsylvania

Pennsylvania Game Commission asking public to report any turkey flocks they see across state

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Pennsylvania Game Commission asking public to report any turkey flocks they see across state


The Pennsylvania Game Commission is asking for the public to report any turkey flocks they see across the state.

The information is being collected through March 15 to help the Game Commission trap them for ongoing projects.

You are asked to provide the date of the sighting, the location and the type of land (public, private or unknown) where the birds were seen. The Game Commission will then assess these sites to potentially trap the bird. Leg bands will be put on the male turkeys and then released back. In four Wildlife Management Units – WMUs 2D, 3D, 4D and 5C – female turkeys, hens, also will be leg banded and about 130 hens also will be outfitted with GPS transmitters, then be released back on site, to be monitored over time.

Trapping turkeys during winter is part of the Game Commission’s ongoing population monitoring, and provides information for large-scale turkey studies, as well.

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Hunters who harvest these marked turkeys, or people who find one dead, are asked to report the band number and/or transmitter, either by calling toll-free or reporting it online.

“The data give us information on annual survival rates and annual spring harvest rates for our population model, and provides the person reporting the information on when and approximately where the turkey was banded,” said Mary Jo Casalena, the Game Commission’s turkey biologist. “In the four WMUs where hens are getting the GPS transmitters, we’re studying turkey population and movement dynamics, disease prevalence, and other aspects that may limit populations.”

The studies are being done in partnership with Penn State University and the University of Pennsylvania’s Wildlife Futures Program.

“The public was so helpful the last few years and some even helped with monitoring sites and trapping,” Casalena said. “We look forward to continuing this winter.”

This field study will conclude at the end of December 2025.

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DEP urges all Pennsylvanians to test their homes for radon this January

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DEP urges all Pennsylvanians to test their homes for radon this January


PITTSBURGH (KDKA) – There’s a new alert to all Pennsylvanians about radon testing still being crucial in homes, schools, and businesses to protect your health.

A state radon expert is shining a light on why people should take “National Radon Action Month” seriously, no matter where they live in the state. 

We’re deep in the coldest days of the year; Homes are closed up and the heat is cranked up. It’s the best time to check your home for radon.

“Pennsylvania is probably the most radon-prone state in the country…We have results at least 25 times the EPA guideline of every county and some much more than others,” said Bob Lewis, the radon program manager for the Pennsylvania Department of Environmental Protection’s Bureau of Radiation Protection. 

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According to the American Lung Association, about 40 percent of Pennsylvania homes are believed to have radon levels, specifically above the EPA action level of 4 picocuries per liter (PCI/L).

Lewis said the naturally occurring radioactive gas can get into your home from the ground.

“It’s easily able to move from the soil and the rocks below the foundation, into the foundation,” he said.

You can’t smell, taste, see, or feel radon.

“Out of sight, out of mind, we can’t see it,” said Lewis.

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He said breathing high levels of radon into your lungs can lead to serious health problems.

“So, we’re breathing this radioactive gas into our lungs and that’s where it’s deposited and that’s where it can do potential damage. These radioactive particles basically get lodged on the epithelial lining of your lung, the surface of the lung, mostly in the upper tracheobronchial areas. And over long-term exposure, they can increase one’s risk of getting lung cancer,” Lewis said.

According to the EPA, radon is responsible for an estimated 21,000 lung cancer deaths every year in the U.S., and radon is the second leading cause of lung cancer behind smoking.

Lewis said the first step to protect yourself and your family from the dangers is to buy an easy-to-use test kit at a hardware store or online. Then test your home and send the sample to a PA-certified lab. You can also hire a state-certified testing company.

“Get your test in the basement, and turn it back to the lab. You’ll get some test results after a week and a half or so,” he said.

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If your test results are high, take action to reduce the levels in your home. You’ll need a certified radon mitigation contractor to install a radon reduction system.

“It’s an active system that uses some PVC pipe in the basement and it draws the air from underneath the basement floor to the outside and then dumps at the roof line. So basically, you have a vacuum cleaner underneath your house. Those systems work very well. They’re relatively low maintenance, about $1,000, generally speaking, for a system to be installed,” Lewis said.

The last step is to remember to monitor your mitigation system. According to the DEP, you should periodically check if the fan is running by looking at the U-tube manometer on the PVC piping of your system. The fluid levels on each side of the glass tube should be uneven.

Lewis said you should also do a radon test in the winter once every two years to make sure the mitigation system is still working properly.

While you have to pay for the system out of your own pocket, Lewis said taking radon dangers seriously is worth it in the end.

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“It’s obviously a health benefit for you and your family. And it’s also a benefit when once you go then you go to sell the house too, at least if you’ve taken care of it,” he said.

You might not think about the dangers if you don’t own a house, but it’s recommended radon testing be done in rental homes, schools, and businesses too.

“We encourage, besides home, private homes, schools, and businesses to test as well. We’ve Been working with the Department of Education for quite a few years trying to get all the school districts to test,” Lewis said.

Call the DEP the Radon Hotline at 800-237-2366 for help with understanding test results and what action to take after getting back high results.

A list of state-certified radon contractors, labs, and testers is also available on DEP’s website. 

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The Allegheny County Health Department is providing more than 900 free radon test kits for residents. Pick up a test M-F between 8 AM and 4 PM at the Housing and Community Environment office (3190 Sassafras Way, Pittsburgh, PA 15201). One kit per household while supplies last so call ahead at 412-350-4046.

The American Lung Association is also offering free radon test kits. You can order them online.

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Suspect in killing of woman in Pa. motel in custody in N.J., cops say

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Suspect in killing of woman in Pa. motel in custody in N.J., cops say


A suspect in the homicide of a woman in Bensalem, Pennsylvania is in custody at the Trenton Police Department, police said Wednesday afternoon.

The suspect and victim’s identities have not been made public.

The Bensalem, Pennsylvania police and the Buck County District Attorney’s Office said in a statement that officers found a woman dead at the Sleep Inn & Suites, on Street Road, early Wednesday. They did not detail the circumstances of her death.



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