Judge-Shopping: What It Is and Why It Matters in the Legal System

Definition & Meaning

Judge-shopping is the practice of filing multiple lawsuits that claim the same issue, often in jurisdictions with several judges. The goal is to have one of these cases assigned to a judge perceived as favorable to the plaintiff's position. This tactic may also involve voluntarily dismissing or nonsuiting the other cases. Courts have the authority to intervene in such situations to maintain the integrity of their processes, especially in systems that rely on random judge assignments.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A business owner files three lawsuits in different districts over a contract dispute, hoping one case will be assigned to a judge known for favoring plaintiffs in similar cases. (hypothetical example)

Example 2: A plaintiff in a personal injury case files multiple claims in various courts, intending to withdraw the less favorable cases if one is assigned to a sympathetic judge. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Judge-Shopping Regulations
California Strict rules against judge-shopping; courts may impose sanctions.
New York Judicial discretion to dismiss cases perceived as judge-shopping.
Texas Provisions exist to prevent abuse of the judicial assignment process.

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

Comparison with related terms

Term Definition Difference
Forum shopping Choosing a court or jurisdiction thought to be most favorable. Judge-shopping focuses specifically on selecting a judge, while forum shopping involves selecting a court.
Case consolidation Combining multiple cases into one for efficiency. Judge-shopping seeks to manipulate outcomes, while consolidation aims for judicial efficiency.

What to do if this term applies to you

If you suspect judge-shopping may affect your case, consider the following steps:

  • Consult with a legal professional to understand your rights and options.
  • Gather evidence of any potential judge-shopping activities.
  • Explore legal form templates from US Legal Forms to manage your case effectively.

Quick facts

  • Common in civil litigation.
  • Potential for court sanctions against abusive practices.
  • Judicial discretion plays a significant role in outcomes.

Key takeaways

Frequently asked questions

While not always illegal, it is often considered an abuse of the judicial process and can lead to penalties.