Legal Definitions - forum shopping

Forum shopping describes the strategic practice of a party choosing among several courts that could potentially hear their case, selecting the one they believe will offer the most favorable outcome. This choice might be based on factors like the specific laws applied by that court, its procedural rules, the likelihood of a sympathetic jury, or the speed at which cases are typically resolved. While parties generally seek the most advantageous venue, the legal system has mechanisms, such as the Erie Doctrine and the principle of forum non conveniens, to limit this practice and ensure fairness and consistency across different jurisdictions.

Here are some examples of forum shopping:

• Imagine a software developer who believes a large tech company has infringed on their intellectual property. The tech company has offices in several states, and the developer lives in a different state. Each of these states has slightly different laws regarding intellectual property rights, the types of damages that can be awarded, or the typical duration of such lawsuits. The developer might choose to file their lawsuit in the state whose laws are most favorable to plaintiffs in intellectual property cases, or where juries are known to be more generous in awarding damages, even if they could technically sue in another state where the company operates.

  This illustrates forum shopping because the developer is deliberately selecting a court system (forum) based on its specific legal environment and potential for a better outcome, rather than simply choosing the most geographically convenient option.

• Consider a couple seeking a divorce. They own property in two different states and have lived in both. One state's divorce laws might be more favorable to the spouse seeking alimony or a larger share of marital assets, while the other state's laws might favor an equal division. If one spouse initiates divorce proceedings in the state whose laws they believe will result in a more advantageous financial settlement for them, despite having grounds to file in either state, they are engaging in forum shopping.

  This demonstrates forum shopping as the spouse is strategically choosing a jurisdiction based on its substantive legal rules concerning property division and spousal support, aiming for a more favorable personal result.

• A small manufacturing company in the United States experiences a significant breach of contract by a supplier based in another country. Both the U.S. and the supplier's home country have courts that could potentially hear the dispute, and there might also be international arbitration options. The U.S. company might choose to sue in a specific U.S. federal court known for its efficiency in handling international commercial disputes, or one that has a reputation for enforcing judgments more rigorously against foreign entities, rather than pursuing the case in the supplier's home country where the legal process might be slower or less predictable.

  This is an example of forum shopping because the U.S. company is making a calculated decision about which legal system (forum) will offer the most effective and advantageous path to resolving their international contract dispute, considering factors like procedural speed and enforcement capabilities.