Forum-Shopping
Forum-Shopping is a strategic legal practice where a party, typically the plaintiff, attempts to have a legal case heard in a Jurisdiction or court that is perceived to be most likely to provide a favorable outcome. This tactic relies on variations in Substantive-Law, Procedural-Law, and judicial attitudes between different regions or court systems. According to the Legal Information Institute at Cornell Law School, it is a common phenomenon in the United-States-Federal-Courts, where multiple courts may have concurrent authority over a single matter.
Mechanisms and Legal Constraints
The ability to engage in Forum-Shopping is constrained by the rules of Personal-Jurisdiction and Venue. Plaintiffs must demonstrate that the chosen court has the authority to adjudicate the dispute and that the location is legally appropriate. To prevent unfair manipulation of the legal system, the Supreme-Court-of-the-United-States established the Erie-Doctrine in the landmark case Erie-Railroad-Co-v-Tompkins. This doctrine mandates that federal courts sitting in diversity jurisdiction must apply the substantive law of the state in which they are located, thereby reducing the incentive to seek federal court for more favorable state-level legal interpretations.
Impact on Litigation
While often criticized as a form of manipulation, some argue that Forum-Shopping is a legitimate tool of Legal-Strategy. It is particularly prevalent in complex areas of law such as Intellectual-Property, Product-Liability, and Class-Action suits. The American Bar Association notes that modern technology and global business operations have complicated the analysis of Conflict-of-Laws, making the choice of forum more critical than ever.