Litigants strategically select forums where procedural rules favor their cases

Evidence

Although both proponents and opponents of this reform are concerned about the just and efficient operation of the federal judicial system, this is not all that is involved. Because the procedural rules in federal and state courts differ, attorneys find that their clients may have a better chance of presenting their case or winning in one forum than in another. Some litigants seek to have their cases heard in federal court and others in state court, indicating a perception that where a case is heard makes a difference. Finally, the transfer of diversity cases to state courts would increase the caseloads of those courts. Thus, reforms designed to promote efficiency may have other effects as well. — G. Alan Tarr, Judicial Process and Judicial…, 268

Categorization

• XREF: This is the core of forum-shopping and connects to course material on how procedural differences between federal and state courts shape litigant strategy. — connects to: The Supreme Court’s signals shape which cases litigants choose to bring — G. Alan Tarr, Judicial Process and Judicial…, 902; Litigants shift forums and legal grounds to follow whichever courts are most receptive. — G. Alan Tarr, Judicial Process and Judicial…, 3376; Conflict-of-laws rules exist to keep forum choice from altering primary law — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2959 (+4 more)

Broader Connections

• Litigants shift forums and legal grounds to follow whichever courts are most receptive. #corroborates (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 3376
• Forum choice between state and federal courts favored corporate defendants #exemplifies (0.88) — Lawrence M. Friedman, A History of American Law, 2378
• Conflict-of-laws rules exist to keep forum choice from altering primary law #qualifies (0.78) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2959
• Litigation is structured by substantive, jurisdictional, and procedural rule sets #expands (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2198
• Pro-enterprise tort rules reflected broad consensus rather than judicial conspiracy #complicates (0.72) — Lawrence M. Friedman, A History of American Law, 1799