Forum Shopping

News & Analysis as of

"Enforceability of Corporate Forum-Selection Bylaws Continues to Strengthen"

In recent years, corporations have responded to the threat of duplicative stockholder lawsuits in multiple courts across the country, as well as “forum shopping” by plaintiffs, by enacting forum-selection bylaws. Under these...more

Forum Shopping No More? Oregon Joins Delaware in Upholding Exclusive Forum Bylaw Provision

On December 10, 2015, the Oregon Supreme Court held that an exclusive forum bylaw provision adopted unilaterally by a Delaware company’s board was a valid and enforceable contractual forum selection clause.  Importantly, the...more

A Long Time Ago . . .

We knew that Star Wars had overtaken Christmas in pop culture when we heard a junior high school band play a Jingle Bells/Star Wars mashup. We were not surprised that this cross-cultural amalgamation received the largest and...more

Update from Wilson Elser’s D&O Insurance Digest

Litigation Developments and Mega Settlements - Dole Food, Inc. Derivative Action – Delaware Chancery Court Finds D&Os Engaged in Fraud - Dole Food, Inc. shareholders sued Dole Chairman and CEO David Murdock and Dole...more

Disclosure-Only Settlements Face Continued Scrutiny In Delaware

On Thursday, September 17, 2015, in In re Riverbed Technology, Inc. Stockholders Litigation, the Delaware Chancery approved a disclosure-only settlement related to the go-private deal for Riverbed Technology, Inc. Although...more

Transfer Motion Is Denied

Instead of applying admittedly neutral Jumara factor arguments, Defendants urge the court to transfer instead based on the singular fact that the Maryland court had rendered a decision on a related patent and, thus, any forum...more

Attention Out-of-State Plaintiffs: The Tour Ends Here. Next Stop, Home

Last year, the Supreme Court sent a resounding message regarding personal jurisdiction when it decided Daimler AG v. Bauman, 134 S.Ct. 746, 752 (2014). Bauman announced a significantly more stringent standard for finding a...more

Another No Show For Personal Jurisdiction In The Show Me State

We have previously expressed our surprise that personal jurisdiction has so quickly become such an effective bulwark against the forum abuse that we call litigation tourism. Our surprise is modest, mind you, since the recent...more

Who Says There Are No More Big Los Angeles Chapter 11 Cases?

On July 30, 2015, Relativity Media, along with 144 of its affiliates, filed a Chapter 11 bankruptcy. The multi-million dollar entertainment company, which produced films such as The Social Network, The Fighter, Limitless,...more

Grasping for a Hold on “Ascertainability”: The Implicit Requirement for Class Certification and its Evolving Application

The concept of “ascertainability” serves as an important arrow in the quiver of a defendant seeking to prevent certification of a putative class action in federal court. Recently, the issue of what a plaintiff must...more

California Court of Appeal Rules in Favor of Public Entity Employer: No Forum Shopping for California Public Entity Employees

In a recent unpublished case, the California Court of Appeal ruled a public civil service commission decision on a worker’s employment claims precluded him from relitigating his claims in a civil action. According to the...more

NFL Deflategate Suit: Paving The Way For Forum Shopping in Federal Court

When a plaintiff decides to bring a lawsuit, one of the most crucial decisions he has to make is which judicial forum the case should be brought in. Many people only distinguish between state and federal courts. However,...more

More CAFA “Mass Action” Gamesmanship In The Ninth Circuit

Permitted gamesmanship versus prohibited conduct. That is the dichotomy that one district judge adopted to describe the transparent forum manipulation that some plaintiffs undertake under CAFA. To be honest, neither...more

The slow death of EU forum shopping

Forum shopping (i.e. where businesses pick and choose the most privacy-friendly EU state to set up shop) has always been a somewhat unique side effect of EU data privacy law. Then last year saw the Google Spain case where the...more

Delaware Amends Its Corporate Law to Prohibit Fee-Shifting, Approve Exclusive Forum Provisions and Facilitate At-The-Market...

On June 24, Delaware’s Governor signed legislation approving amendments to the Delaware General Corporation Law (DGCL). While annual amendments to the DGCL typically involve technical fixes, this year’s legislation addresses...more

Check-Out Time at the Hotel California?

We love our home state of California, but we have long bemoaned the widespread practice of what we call litigation tourism. That is where unrelated plaintiffs, sometimes thousands of them, from all corners of the U.S. join...more

Meritas Capability Webinar - Controlling Where to Fight and Who Pays for it?

To address the continued problem of duplicitous stockholder strike suits, corporations have started to experiment with forum selection bylaws (which limit the jurisdictions in which stockholders may bring such suits) and fee...more

Texas Legislature Passes Two Bills Impacting Personal Injury or Wrongful Death Litigation

Companies at risk of personal injury or wrongful death litigation in Texas should take note of two bills recently passed by the 84th Texas Legislature, HB 1692 and SB 735. HB 1692 HB 1692 is intended to curb the practice...more

Locke Lord QuickStudy: Filling in Some Actavis Gaps - California Supreme Court Adopts Structured Rule of Reason Test for Antitrust...

A sweeping new opinion from the California Supreme Court revives California Cartwright Act challenges to pay-for-delay pharmaceutical patent settlements. In re Cipro Cases I & II, (Case No. S198616, Slip Op. May 7, 2015). A...more

The Mall Is Closed: Forum Shoppers Sent Home To Germany In Southern District Of Ohio’s Forum Non Conveniens Dismissal

As she famously clicked her ruby slippers together, Dorothy Gail proclaimed, “There’s no place like home.” Such was the conclusion of the United States District Court for the Southern District of Ohio in Hefferan v. Ethicon,...more

Simplicity And Clarity In The Administration And Enforcement Of Jurisdictional Rules

Jurisdictional rules are intended to be simple and thereby easy to administer and enforce. See Hertz Corp. v. Friend, 559 U.S. 77, 81, 94-95 (2010) (“[W]e place primary weight upon the need for judicial administration of a...more

We’re Not in Kansas: No General Jurisdiction After Bauman

We knew that the Supreme Court’s opinion in Daimler AG v. Bauman, 134 S. Ct. 746 (2014), was a game changer the first time we read it. Gone is the concept of general personal jurisdiction that we learned in law school, where...more

Four Non-Core Matters and A RICO Claim Don’t Justify Immediate Withdrawal of Reference, USDC Rules

On March 12, 2015, Judge Leonard P. Stark, of the United States District Court for the District of Delaware denied a defendant’s motion to withdraw the reference from the Bankruptcy Court....more

No Consent To General Jurisdiction By Merely Registering To Do Business

Since Daimler AG v. Bauman, 134 S. Ct. 746 (2014), severely curtailed general personal jurisdiction, litigation tourist plaintiffs – those who file suit outside of their states of domicile (mostly in so-called litigation...more

It's Not Just A Delaware Thing: Other Courts Are Also Questioning Disclosure-Only Settlements In M&A Litigation

In an age when overburdened courts with reduced budgets often approve class action settlements without significant oversight, Delaware courts have frequently bucked that trend in the merger litigation context: rejecting...more

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