Legal Definitions - locality of a lawsuit

The locality of a lawsuit refers to the specific geographic area or jurisdiction where a court has the legal authority to hear and decide a particular case. It determines which court, among potentially many, is the proper venue for a legal dispute, based on factors such as where the relevant events took place, where the parties involved reside, or where the subject matter of the lawsuit is located.

Here are some examples to illustrate this concept:

• Real Estate Dispute: Imagine a disagreement between neighbors over the exact boundary line between their properties, both located in Boulder, Colorado.

  Explanation: The lawsuit challenging the property boundary must be filed in a court within Boulder County, Colorado. This is because courts generally have exclusive authority over real estate disputes concerning property located within their specific geographic jurisdiction. The "locality of the lawsuit" is therefore Boulder County, Colorado.

• Personal Injury Claim: A person from Arizona is visiting Chicago, Illinois, and suffers an injury due to a defective product purchased at a local store in Cook County.

  Explanation: Even though the injured person lives in Arizona, the lawsuit for their injuries would typically need to be filed in a court within Cook County, Illinois. The "locality of the lawsuit" is determined by where the incident causing the injury occurred and where the defendant (the store or product manufacturer) might be located, giving the Illinois court the appropriate authority to hear the case.

• Contract Dispute with a Forum Selection Clause: Two companies, one based in Seattle, Washington, and the other in Portland, Oregon, sign a business contract. A clause in their agreement specifies that any legal disputes arising from the contract must be litigated exclusively in the state courts of King County, Washington.

  Explanation: If a dispute arises, the "locality of the lawsuit" is contractually set as King County, Washington. Even though one party is in Oregon, the parties mutually agreed that a court in King County, Washington, would have the authority to hear their case, demonstrating how parties can sometimes pre-determine the appropriate locality for future disputes.