Lawyers may file most federal-court cases in state courts instead (forum shopping).

Evidence

Congress has not required all cases arising under the federal judicial power be heard in federal court [Instead, it has allowed state courts to decide some of these cases by granting concurrent, rather than exclusive, jurisdiction to federal courtsj That means that, with a few exceptions such as criminal cases based on federal statutes, cases that could be filed in federal court can be initiated in state courts as well. Lawyers can choose to file a case in the court in which they believe they have the best chance of winning or where they expect the highest awards should they prevail. — G. Alan Tarr, Judicial Process and Judicial…, 289

Categorization

  • XREF: Forum shopping ties to tactics of litigation strategy, a recurring theme in how legal actors use court structure to their advantage. — connects to: Federal jurisdiction can rest on subject matter, party identity, or party citizenship. — G. Alan Tarr, Judicial Process and Judicial…, 287