Legal Definitions - panel-shopping

Panel-shopping refers to the strategic practice of attempting to have a legal case or matter heard by a specific group of judges (often called a "panel") who are perceived to be more sympathetic or favorable to one's position. This often involves manipulating procedural rules, timing, or venue selection to influence the assignment of judges.

Here are some examples to illustrate this concept:

• Imagine a large corporation facing a significant environmental lawsuit. Their legal team knows that one particular federal appellate circuit has a history of ruling against government regulations in favor of business interests, while another circuit is known for upholding environmental protections. The corporation's lawyers might strategically choose to file their initial challenge in a district court located within the more business-friendly circuit's jurisdiction. This increases the likelihood that any subsequent appeal will be heard by judges in that circuit, who are perceived as more sympathetic to their arguments against the environmental regulation.

  This illustrates panel-shopping because the corporation is attempting to guide their case towards a specific group of appellate judges (a "panel") based on their known judicial leanings, hoping for a more favorable outcome.

• Consider a struggling company that needs to file for Chapter 11 bankruptcy. Their legal counsel researches various bankruptcy courts across different districts where the company has operations or could legitimately file. They discover that judges in one particular district are known for their expedited approval of reorganization plans and a generally more debtor-friendly approach, while judges in another district are known for stricter scrutiny and longer proceedings. The lawyers advise the company to file its bankruptcy petition in the district with the perceived more favorable judicial environment.

  This is an example of panel-shopping because the company is choosing a specific court (and by extension, the judges presiding there) based on their perceived judicial philosophies, aiming for a more advantageous resolution to their bankruptcy.

• A patent holder is considering suing for infringement. They have the option to file their lawsuit in a federal district court or, in some cases, bring a challenge before the Patent Trial and Appeal Board (PTAB), which has multiple administrative patent judges. The patent holder's lawyers analyze past decisions from different PTAB panels and district court judges. If they perceive that certain PTAB panels have a higher rate of invalidating patents, or that a specific district court judge has a strong track record of upholding patent validity, they might strategically choose the forum and timing of their filing to increase the chances of their case being heard by a panel or judge they believe will be more receptive to their arguments.

  This demonstrates panel-shopping as the patent holder is attempting to select the specific forum and its presiding judges or panel members based on their perceived likelihood of a favorable ruling, rather than simply filing in the most convenient location.