Jurisdiction, Venue, and Forum

Venue and Forum

Home State Advantage

Home State Advantage

Home State Advantage

The concept assumes jurors favor local parties over out-of-state entities. Diversity jurisdiction was established partly to address the concern, though empirical support for the effect is mixed.

Corporate defendant status may matter more than geography.

Alternative Names:

Local Party Advantage|Hometown Advantage

Why it Matters?

Corporate status likely outweighs geography in most modern cases, since research suggests jurors distinguish individuals from institutions more sharply than locals from outsiders. That means removing to federal court does not address the underlying dynamic where the defendant is a corporation either way. Establishing local presence through employment, community involvement, and local witnesses is a more direct response than venue maneuvering.

Frequently asked questions

Does removal address the concern?

What is the more direct response?