Talk:Forum shopping
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[edit] Accuracy of this article
This article is somewhat accurate, but it seems to lack any attention to detail. For example, in the plaintiff forum shopping, there's no discussion of well-pleaded complaint, federal jurisidiction requirements (eg. you can't just pick federal jurisdiction without diversity jurisdiction or statutory authorization), or the plaintiff's ability to motion to transfer.
Also, I'm not sure about the rest of the country, but aren't motions for forum nonconviens pretty rare--and it's almost never applied federally except where one or both of the parties is from out of the country.
You're about half-right. FNC is only still used in Federal courts where the secondary forum is outside the country (regardles of where the parties are actually domiciled). But the same basic motion is available by statute, where the secondary forum is within the U.S.; it's just called by it's statutory name, a motion to transfer or a motion to dismiss, under sections 1404/1406. The elements vary slightly from the traditional "balancing factors" of common law FNC. It can have an effect on choice of law as well. Non_curat_lex, 22 December 2006.
Just a couple thoughts. I'm not even sure to what degree people are keeping up pages like this. Mmmbeer 20:52, 27 October 2005 (UTC)
- I've been trying to do a bit of improvement at a time to a slew of civ pro articles - this one's on my list. BD2412 talk 22:27, 27 October 2005 (UTC)
Welcome back from your litigating. As to the first comment, the page is intended to be a non-specific coverage for the topic so it deals with principles rather than specifics — hence your sense that it is less than completely accurate. The forum conveniens issue is fairly common around the world. If reference is to be made to a particular jurisdiction, it should either be by way of example subsumed within the generic text, or it should be included under a state-specific heading. And I view any page I write as being continuously in need of improvement. I take your reference to be to the U.S. rather than one of the many other federal countries, so please add your expertise to the U.S. section. David91 01:53, 28 October 2005 (UTC)
