State ex rel. Norfolk Southern Railway Co. v. Dolan
512 S.W.3d 41
Mo.2017Background
- Parker filed a Missouri FELA personal injury suit against Norfolk Southern in Missouri; injury occurred in Indiana during Parker's work in Indiana.
- Norfolk Southern is a Virginia corporation with tracks in Missouri; Parker alleges no Missouri-related wrongdoing.
- Missouri courts were asked to exercise personal jurisdiction; Norfolk challenged jurisdiction as lacking.
- Trial court denied the motion to dismiss for lack of jurisdiction; Norfolk sought prohibition/mandamus, which were granted preliminarily.
- Court holds Missouri has neither general nor specific personal jurisdiction over Norfolk, and registration or FELA provisions do not create jurisdiction for unrelated claims.
- Court ultimately makes the writ of prohibition permanent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Missouri may exercise general jurisdiction over Norfolk | Parker: Norfolk's substantial Missouri presence makes it essentially at home there | Norfolk: Daimler requires home-state incorporation or principal place of business; Missouri contacts are insufficient | No general jurisdiction in Missouri |
| Whether Missouri may exercise specific jurisdiction over Norfolk | Parker: injuries relate to Norfolk's Missouri activities | Norfolk: injury arose in Indiana; no Missouri-related nexus | No specific jurisdiction because action does not arise from Missouri contacts |
| Whether Missouri registration constitutes consent to general jurisdiction | Parker: registration and agent appointment imply consent to suit in Missouri | Registration not consent for unrelated claims; not an independent basis for jurisdiction | Registration statutes do not confer broad personal jurisdiction |
| Whether FELA provides independent basis for personal jurisdiction in Missouri | Parker: FELA permits concurrent jurisdiction in state courts | FELA venue provision is not personal-jurisdiction; no enlargement of state court power | FELA does not provide personal jurisdiction in Missouri absent other bases |
Key Cases Cited
- Daimler AG v. Bauman, 571 U.S. 117 (2014) (limits general jurisdiction to home state absent exceptional circumstances)
- Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011) (distinguishes general vs. specific jurisdiction; focus on home-state concept)
- Brown v. Lockheed Martin Corp., 814 F.3d 619 (2d Cir. 2016) (illustrates Daimler; limited general jurisdiction despite substantial in-state activity)
- Hertz Corp. v. Friend, 559 U.S. 77 (2010) (forum-state 'nerve center' concept for general jurisdiction)
- Pope v. Atlantic Coast Line R.R., 345 U.S. 379 (1953) (venue case; does not address personal jurisdiction)
- Mondou v. N.Y., New Haven & Hartford R.R., 223 U.S. 1 (1912) (historical context on concurrent federal/state jurisdiction under FELA)