The Culture of Forum Shopping in the United States

A key goal of any civil-justice system is to allocate cases to courts in sensible and efficient ways. Most systems exhibit allocative rules that rigidly and substantially limit party choice among forums. Not so in the United States. This paper details the unique landscape of forum shopping in Americ...

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Bibliographic Details
Published inThe International lawyer Vol. 57; no. 2; pp. 307 - 330
Main Author Dodson, Scott
Format Journal Article
LanguageEnglish
Published Chicago American Bar Association 22.06.2024
Subjects
Airports
Analysis
Common law
Diversity jurisdiction
Due process of law
Evaluation
Forum non conveniens
Forum shopping
Judges & magistrates
Judicial discretion
Jurisdiction
Law
Laws, regulations and rules
Litigation
Modernization
Personal jurisdiction
Specialization
Subject matter jurisdiction
Transfer of cause
England
New York
California
United Kingdom > UK
United States > US
Wales
Online AccessGet full text
ISSN0020-7810
2169-6578

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Summary:A key goal of any civil-justice system is to allocate cases to courts in sensible and efficient ways. Most systems exhibit allocative rules that rigidly and substantially limit party choice among forums. Not so in the United States. This paper details the unique landscape of forum shopping in American courts along three dimensions: vertical shopping between federal and state court, horizontal shopping among states, and individual shopping for particular judges. It describes the legal, structural, and cultural foundations that enable and even encourage forum shopping in the United States, especially as contrasted with other countries. It then explains and assesses its persistence in American litigation culture today.
Bibliography:SourceType-Scholarly Journals-1
ObjectType-Feature-1
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ISSN:0020-7810
2169-6578