There is widespread belief among private defense counsel that federal courts can provide a favorable forum for corporate defendants. Federal courts may afford defendants an escape from plaintiffs’ strategically chosen forums and the related risk of excessive jury awards in many state courts, and, in many cases, can save defendants time and money through stricter, more cost effective discovery rules and more efficient dispute resolution. As a result, when initially presented with state court actions, defense counsel’s initial reaction is often, “How do we get into federal court?” 

Republished with permission.