{"id":11414,"date":"2026-03-26T17:36:11","date_gmt":"2026-03-26T17:36:11","guid":{"rendered":"https:\/\/legalpedia.ai\/articles\/what-is-forum-shopping-2\/"},"modified":"2026-03-26T17:36:11","modified_gmt":"2026-03-26T17:36:11","slug":"what-is-forum-shopping-2","status":"publish","type":"post","link":"https:\/\/legalpedia.ai\/articles\/what-is-forum-shopping-2\/","title":{"rendered":"What Is Forum Shopping?"},"content":{"rendered":"

Forum shopping is the term used to describe a situation where a litigant strategically chooses a particular venue or court in which to bring a case. It is an attempt to locate the court with the legal rules and procedures most favorable to the litigant, and often involves weighing factors such as jurisdiction<\/a>, judge, expected outcome, or cost. In some cases, forum shopping has been compared to shoplifting, hence the term.<\/p>\n

Forum shopping is not a new phenomenon. The practice dates back to the Ancient Romans who avoided local courts they felt were hostile by using venues they considered more favorable. More recently, however, the internet and its accompanying technology have enabled forum shopping to become more prevalent due to the increased ease with which it can be done. Today, it is estimated that 16-20% of the litigants that appear in commercial and civil courtrooms are forum shopping for a particular legal outcome.<\/p>\n

Examples of Forum Shopping<\/h2>\n

Forum shopping can take place at both the state and federal levels. For example, a plaintiff facing a patent lawsuit may choose to file the case in a friendly venue\u2015one that favors patent claims<\/a> or generally favors the plaintiff’s position. A plaintiff in a wrongful dismissal case might shop for a state court<\/a> that has very liberal employment laws and statutes.<\/p>\n

The rise of multijurisdictional class action<\/a> suits is an increasingly common type of forum shopping. In these, one plaintiff or a small group of plaintiffs will file a complaint in a court sympathetic to their cause, often far away from the case’s true location. Judges also have the power to thwart forum shopping by making rulings that thwart spurious class action suits.<\/p>\n

The Ethics and Legality of Forum Shopping<\/h2>\n

The legality and ethics of forum shopping can be hard to define and enforce. In general, forum shopping is ethical as it exists within the confines of the legal system. However, it is considered unethical when litigants deliberately file a claim in a forum known to be friendly in order to gain an unfair advantage.<\/p>\n

Want to explore this concept further? Ask Legalpedia AI<\/a> \u2014 get a plain-English explanation instantly, free.<\/em><\/p>\n

The courts have taken steps to discourage forum shopping, including allowing a defendant to demand that a court dismiss a case if there is a more appropriate venue available. In addition, many state bars have enacted rules that require attorneys to abide by the ethics of the venue. Judges can also sanction attorneys who engage in unethical forum shopping.<\/p>\n

Related Legal Concepts<\/h2>\n

Forum shopping intersects with several fundamental legal principles that govern where cases may be filed and heard. The concept of forum relates directly to the court’s authority<\/a> to hear a particular case, while forum non conveniens<\/a> provides courts with discretion<\/a> to dismiss cases when a more appropriate venue exists elsewhere. These doctrines work together to balance litigants’ strategic choices with judicial efficiency and fairness in the legal system.<\/p>\n

The Bottom Line<\/h2>\n

Forum shopping represents a strategic legal practice that operates within established procedural rules, though it raises important questions about fairness and judicial resources. While generally permissible, courts have developed various mechanisms to prevent abuse of this practice. For guidance specific to your situation, always consult a qualified, licensed attorney.<\/p>\n

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Still have questions about forum shopping?<\/h3>\n

Ask Legalpedia AI<\/a> \u2014 your free AI legal education companion. Get clear, plain-English explanations of any legal concept, instantly.<\/p>\n

Legalpedia AI explains legal concepts for educational purposes. For advice specific to your situation, consult a licensed attorney.<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

This article provides an overview of what forum shopping is and the potential risks and benefits of engaging in it. Learn the definition of forum shopping, what states it is legal in, and the implications of initiating legal action in a new jurisdiction.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-11414","post","type-post","status-publish","format-standard","hentry","category-civil-litigation"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/legalpedia.ai\/articles\/wp-json\/wp\/v2\/posts\/11414","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/legalpedia.ai\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalpedia.ai\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalpedia.ai\/articles\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalpedia.ai\/articles\/wp-json\/wp\/v2\/comments?post=11414"}],"version-history":[{"count":0,"href":"https:\/\/legalpedia.ai\/articles\/wp-json\/wp\/v2\/posts\/11414\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalpedia.ai\/articles\/wp-json\/wp\/v2\/media?parent=11414"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalpedia.ai\/articles\/wp-json\/wp\/v2\/categories?post=11414"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalpedia.ai\/articles\/wp-json\/wp\/v2\/tags?post=11414"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}