Forum Shopping Law and Legal Definition
Forum shopping is a practice adopted by litigants to get their cases heard in a particular court that is likely to provide a favorable judgment. Foreign litigants are attracted to the U.S. because of its wide acceptance of personal jurisdiction and favorable litigation environment.
A plaintiff can select one forum on the following grounds:
1.The forum is not convenient to the defendant or his/her witnesses. There may be problems of expense of travel, health, or visa or entry permit.
2.The court, the judge, or the law is most likely to favour the plaintiff's case.
A defendant can select a forum following on the following grounds:
1.The forum is not convenient to him/her; or
2.The court, the judge, or the law is most likely to favour the plaintiff's case.
The following is an example of a case law defining forum shopping:
Forum shopping means filing an action in a location that a plaintiff considers advantageous,Sequa Corp. v. Aetna Casualty & Surety Co., 1990 Del. Super. LEXIS 303 (Del. Super. Ct. Mar. 16, 1990)]
