Forum Shopping

Definition

The practice of choosing between available courts — such as federal versus state court — based on which has more favorable rules or procedures. The Erie doctrine and Hanna analysis are designed in part to discourage forum shopping by ensuring substantially similar outcomes regardless of which court hears a diversity case.

Examples

• •If the Delaware AOM requirement does not apply in federal court, malpractice plaintiffs might prefer federal court to avoid the burden of obtaining an expert affidavit before filing.

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