Forum Selection Between State and Federal Courts

ILJ studied attorney reasons for forum selection in civil cases that could be filed in state or federal court. Two surveys were undertaken. The first, a mail survey of over 1,000 attorneys, concerned cases removed from state to federal court. The second was a snowball telephone survey of attorneys identified as having recent federal court experience in four districts selected on the basis of their unusual composition of removal cases or their federal court civil dockets. Study findings, "An Empirical Study of Forum Choices in Removal Cases Under Diversity of Federal Question Jurisdiction," were published in the American University Law Review, Vol. 41, 1991.