Page:Mallory v. Norfolk Southern.pdf/26

Rh pre-trial court orders, signing a contract with a forum selection clause, accepting an in-state benefit with jurisdictional strings attached—all these actions as well can carry with them profound consequences for personal jurisdiction. See Insurance Corp. of Ireland, 456 U. S., at 703–706 (collecting cases); see also (opinion of ).

The truth is, under our precedents a variety of “actions of the defendant” that may seem like technicalities nonetheless can “amount to a legal submission to the jurisdiction of a court.” Insurance Corp. of Ireland, 456 U. S., at 704–705; see also Brief for Stephen E. Sachs as Amicus Curiae 10. That was so before International Shoe, and it remains so today. Should we overrule them all? Taking Norfolk Southern’s argument seriously would require just that. But, tellingly, the company does not follow where its argument leads or even acknowledge its implications. Instead, Norfolk Southern asks us to pluck out and overrule just one longstanding precedent that it happens to dislike. We decline the invitation. (opinion of ). There is no fair play or substantial justice in that.

Not every case poses a new question. This case poses a very old question indeed—one this Court resolved more