Not too way back we mentioned post-remand Pennsylvania Supreme Court docket filings within the Mallory private jurisdiction matter. After reviewing each side’ filings, we noticed: “[U]nless the Pennsylvania Supreme Court docket in Mallory have been to behave opposite to the positions of each side, the DCC challenge will probably be determined promptly, on this enchantment.”

Effectively, that’s precisely what occurred. On August 29, the Pennsylvania excessive court docket entered this order:

AND NOW, this twenty ninth day of August, 2023, Norfolk Southern Railway Firm’s Software to Set a Briefing Schedule on Remand from the U.S. Supreme Court docket or, Alternatively, to Train King’s Bench or Extraordinary Jurisdiction is DENIED. Pursuant to Mallory v. Norfolk Southern Railway Firm, 143 S.Ct. 2028 (filed Jun. 27, 2023), the judgment of the Court docket of Frequent Pleas of Philadelphia County is REVERSED, and the case is REMANDED to that court docket for additional proceedings.

So no reduction will probably be forthcoming on registration-based common jurisdiction from this quarter. We anticipate Pennsylvania courts, and significantly the unlucky jury swimming pools in Philadelphia and Allegheny Counties, to be burdened with massive quantities of litigation having nothing no matter to do with the Commonwealth.