Forum Shopping Strategy

Forum shopping is the practice of choosing which court or jurisdiction to file a case in to maximize strategic advantage. A plaintiff suing a corporation might choose between federal and state court, between multiple states where jurisdiction exists, and sometimes between countries. Each forum offers different procedural rules, different judicial temperaments, different jury pools, and different substantive law. Patent plaintiffs historically flocked to the Eastern District of Texas because judges there moved cases quickly and juries were plaintiff-friendly. Class action lawyers choose jurisdictions with favorable certification standards.

When to use it

When deciding where, when, and to whom to present your case for maximum advantage; when evaluating whether an opponent has chosen a favorable forum; when designing systems to prevent forum shopping from undermining fair outcomes; or when selecting the venue for any important decision.

How it can help

The broader principle is that the context in which a decision is made often matters more than the merits of the arguments. Choosing your 'forum' — the decision-maker, the evaluation criteria, the timing — is a form of strategic framing that applies in business, politics, and personal life. Pitching an idea to a sympathetic committee, timing a proposal for when the boss is in a good mood, presenting data in the format most favorable to your case — these are all forms of forum shopping. Understanding this model helps you recognize when others are choosing their forum strategically and when you should do the same.