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1 1 (November 8, 2022)

handle is hein.crs/govejib0001 and id is 1 raw text is: Congressional_______ R afesearch Service Where a Suit Can Proceed: Court Selection and Forum Shopping November 8, 2022 The past several years have seen court cases challenging high-profile government actions including environmental regulations, immigration policies, election administration, economic measures, and government responses to the COVID-19 pandemic. Plaintiffs in cases such as these often have some flexibility in selecting the court where their suits will proceed. They sometimes choose where to file suit based on their perception of how particular legal rules in a jurisdiction might apply or how likely the judges or juries in a given court are to rule favorably on their claims-a practice known as forum shopping. In some cases, they may even try to bring their cases before a specific judge-a type of forum shopping sometimes called judge shopping. While certain long-standing legal doctrines limit forum shopping, some commentators and legislators have raised concerns about forum shopping, particularly in suits challenging government action. They argue that recent legal developments, such as the increased prominence of nationwide injunctions, may exacerbate those concerns. This Legal Sidebar provides an overview of court selection and forum shopping, with an emphasis on court selection in federal court litigation. The Sidebar first outlines the legal authorities that determine where a case can proceed. It then discusses how litigants may choose among available courts seeking a litigation advantage. The Sidebar discusses the debate around forum shopping and judge shopping, then closes with analysis of key proposed legal reforms. Legal Doctrine on Jurisdiction and Venue Two key legal factors determine where a lawsuit can proceed: jurisdiction and venue. Litigants and courts consider jurisdiction and venue when deciding whether a case should proceed in federal or state court and which specific court within either system should hear the matter. Jurisdiction and venue rules serve multiple purposes, and in some circumstances, either by design or in effect, they limit opportunities for forum shopping. Often, however, the law allows for multiple possible options. Jurisdiction refers to the power of a court to rule on a matter. In order to hear a case, a court must have both personaljurisdiction-meaning the court can exercise authority over the litigants-and subject matter jurisdiction-meaning it can rule on the legal issues presented. Parties can waive personal jurisdiction and consent to litigate in a court that could not otherwise exercise authority over them. By Congressional Research Service https://crsreports. congress.gov LSB10856 CRS Legal Sidebar Prepared for Members and Committees of Congress

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