Nevada’s 2025 legislative session has commenced, and at least one bill is already raising concerns. Assembly Bill 158 would expand general jurisdiction in Nevada to an entity that “is organized, registered or qualified to do business pursuant to the laws of this State.” Simply stated, merely registering to do business in Nevada would create general jurisdiction over that entity. This could expose entities to lawsuits in Nevada that have nothing to do with the state. It could also lead to extreme forum shopping because of the potential to sue entities anywhere.

AB 158 appears motivated by the United States Supreme Court’s 2023 decision in Mallory v. Norfolk Southern Railway Co., 600 U.S. ___ (2023). Mallory concluded that a Pennsylvania statute requiring a foreign corporation to consent to general jurisdiction in Pennsylvania as a condition of doing business there did not violate due process. However, Mallory leaves at least one question unanswered. Justice Alito noted in his concurrence that although the statute might not violate due process, it might be unconstitutional under the Commerce Clause. That issue, though, was not before the court in Mallory. Whether a statute such as AB 158, as proposed, is constitutional remains unknown.