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Choice of Forum in Diversity Cases: Analysis of a Survey and Implications for Reform

Published online by Cambridge University Press:  02 July 2024

Kristin Bumiller
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Abstract

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This article analyzes a survey of attorneys' motivations in choosing federal or state courts in diversity cases in four judicial districts. The study examines the importance of lawyers' perceptions of (1) local bias based upon residency, (2) the comparative efficiency and quality of state and federal courts, and (3) familiarity with and partiality for state or federal court procedures. It is shown that the rural versus urban setting of the court influences the perception of local bias and quality of the courts. Relative efficiency and differences in procedure between state and federal courts are also important factors affecting forum choice. The survey offers some insight into the potential impact of proposed reforms of the federal diversity of citizenship jurisdiction. The variation in motivations for forum choice among the districts provides little support for nationwide abolition of diversity jurisdiction.

Type
Part Three-Other Studies of Disputes, Dispute Processing, and Civil Courts
Information
Law & Society Review , Volume 15 , Issue 3-4: Special Issue on Dispute Processing and Civil Litigation , 1981 , pp. 749 - 774
Copyright
Copyright © 1981 The Law and Society Association.

Footnotes

*

This research project was funded by N.S.F. grant No. 7905373. The Civil Litigation Research Project (Department of Justice Contract No. JAOlA-79-C-0040) provided funding to include two additional survey sites and to conduct a follow-up survey. I am very grateful to David Trubek, Herbert Kritzer, Betsy Ginsberg, Austin Sarat, and Joel Grossman for helpful comments and suggestions. I would also like to thank the faculty advisor for the project, Jerry Goldman, and my research team, Debra L. Dodson, Michael Grainey, James M. Hammon, Maria Lukas, and Nancy E. Smith.

References

Cases Cited

Erie R.R. v. Tompkins, 304 U.S. 64, 1938.Google Scholar