Federal vs. State Jurisdiction
Forum Choice in Class Action Litigation
Attorneys’ choice of whether to file or litigate a class action in a State or Federal forum has been of great concern to policymakers who are considering how to regulate class action litigation. If any attorney for a plaintiff class can plead a valid claim against a local defendant as well as an out-of-State defendant, that attorney can generally choose between a State or Federal forum and sometimes from among multiple State or Federal forums. Federal jurisdiction in such a case is typically based on diversity of citizenship between the plaintiff and the out-of-State defendant. According to the removal statute,…
