On Wednesday, October 23, 2024, Carter Phillips, a legendary Supreme Court advocate and partner at Sidley Austin who has argued more cases in private practice before the Supreme Court than any lawyer in the country, visited Catholic Law to speak with Professor Derek Webb’s 1L Civil Procedure class.  

Carter spoke about the case of Mallory v. Norfolk Southern, a Supreme Court case he argued in OT 2022 and which came out in June, 2023. Mallory presented an important question of civil procedure: can states like Pennsylvania require that corporations – as a condition of doing business in their state – submit to the jurisdiction of their courts for so-called “foreign cubed” claims in which the plaintiff, the defendant, and the incident giving rise to the claim all either live, are incorporated, or happened outside the state. The Court concluded – in a closely decided 5-4 decision that cut across usual lines – that Pennsylvania could require this of corporations. Justice Gorsuch wrote the majority opinion and was joined by Justices Thomas, Alito, Sotomayor, and Jackson. Justice Barrett wrote a dissent that Chief Justice Roberts, and Justices Kagan, and Kavanaugh joined.

Mallory was an “instant classic civil procedure case,” Professor Webb said, sure to be included in future civ pro casebooks and tested on the bar exam.  

Many students felt honored to hear from someone who had directly argued a significant case. “It was truly inspiring and a privilege to have Carter Phillips visit our class this semester,” said Sammy Popper, a 1L in Professor Webb’s course. “Having the chance to ask Carter about his arguments in the foundational civil procedure case Mallory was invaluable.” Elizabeth Hansen, another 1L, remarked, “Hearing Mr. Phillips speak offered new perspectives on the Mallory decision and oral advocacy in general. It was a true privilege to learn from such a seasoned, respected, and successful advocate.” Edward Daubel added, “Mr. Phillips helped me see this area in a new light.”

Carter also entertained the class with a humorous anecdote about the time he shared a ride with Justices Scalia and Kennedy during a snowstorm that had shut down all of Washington, D.C.—except for the Supreme Court—on a day he was scheduled to argue a case. He recounted the story in vivid detail, including the moment they arrived at the Court to find Justice Breyer directing traffic in the garage.

“Despite his extraordinary achievements, Mr. Phillips was incredibly humble and down-to-earth, engaging with students in a dialogue rather than a monologue,” noted Caden O’Neal, another 1L. Taylor Bird reflected, “After a challenging week, I left class on Wednesday feeling invigorated. With our entire legal careers ahead of us, we should ‘dream big.’ I will be sharing the story of Mr. Phillips' visit to my civil procedure class for the rest of my life.”