Forum Shopping: What It Means and How It Affects Litigation

Definition & Meaning

Forum shopping refers to the strategy used by litigants to choose a specific court to file their case, aiming for a more favorable outcome. This practice is particularly common among foreign litigants who may find the U.S. legal system appealing due to its broad acceptance of personal jurisdiction and its generally favorable litigation environment.

Table of content

Real-world examples

Here are a couple of examples of abatement:

For instance, a plaintiff may choose to file a lawsuit in a state known for its pro-plaintiff rulings if they believe their case will be better received there. (Hypothetical example)

State-by-state differences

State Forum Shopping Characteristics
California Allows for extensive forum shopping due to multiple jurisdictions.
Delaware Known for corporate law, often attracts business litigation.
Texas Has specific rules limiting forum shopping in certain cases.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition
Venue Shopping Choosing a specific location within a jurisdiction to file a case.
Jurisdiction Shopping Selecting a court based on its authority over the case.

What to do if this term applies to you

If you find yourself needing to choose a forum for your case, consider consulting with a legal professional to understand your options. Additionally, you can explore US Legal Forms for templates that can help you navigate the filing process effectively.

Quick facts

  • Common legal areas: Civil litigation, family law, contract disputes.
  • Potential costs: Varies by jurisdiction and case complexity.
  • Jurisdiction: Can significantly influence case outcomes.

Key takeaways

Frequently asked questions

Forum shopping is the practice of choosing a court that is likely to provide a favorable outcome for a case.