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Forum Shopping Reform

STATE

STATUTORY CITATION

PROVISIONS

Alabama

Ala. Code §§ 6-3-1 to 6-3-22

Establishes venue rules to restrict forum shopping. Restricts lawsuit filings against corporations to qualified venues. Specifies venue rules for class action lawsuits and actions involving multiple plaintiffs.

Arkansas

Ark. Code Ann. § 16-55-213

Establishes specific rules to govern appropriate venue to initiate legal actions.

Georgia

Ga. Code Ann. §§ 9-10-31 and 9-10-31.1

In cases involving multiple defendants, if defendants who reside in the county where the action is pending are discharged from liability, the non-resident defendant may require that the case be transferred to a county or court in which venue would otherwise be proper. If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state or in a different county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine of forum non conveniens.

Louisiana

La. Code Civ. P. 123

Allows a district court judge to dismiss a civil lawsuit upon a defendant's request when the act giving rise to the suit occurred outside the state.

For the convenience of the parties and the witnesses, in the interest of justice, a district court upon contradictory motion, or upon the court's own motion after contradictory hearing, may transfer a civil case to another district court where it might have been brought; however, no suit brought in the parish in which the plaintiff is domiciled, and in a court which is otherwise a court of competent jurisdiction and proper venue, shall be transferred to any other court pursuant to this Article.

Mississippi

Miss. Code Ann. § 11-11-3

Civil actions of which the circuit court has original jurisdiction shall be commenced in the county where the defendant resides, or, if a corporation, in the county of its principal place of business, or in the county where a substantial alleged act or omission occurred or where a substantial event that caused the injury occurred. If venue in a civil action against a nonresident defendant cannot be asserted under the above provision, a civil action against a nonresident may be commenced in the county where the plaintiff resides or is domiciled. In any civil action where more than one plaintiff is joined, each plaintiff shall independently establish proper venue; it is not sufficient that venue is proper for any other plaintiff joined in the civil action. Medical malpractice claims shall be brought only in the county in which the alleged act or omission occurred.

If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state or in a different county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine of forum non conveniens.

Missouri

Mo. Rev. Stat. § 508.010

In all actions in which there is any count alleging a tort and in which the plaintiff was first injured in the state of Missouri, venue shall be in the county where the plaintiff was first injured by the wrongful acts or negligent conduct alleged in the action. In all actions in which there is any count alleging a tort and in which the plaintiff was first injured outside the state of Missouri, venue shall be determined as follows: (1) If the defendant is a corporation, then venue shall be in any county where a defendant corporation's registered agent is located or, if the plaintiff's principal place of residence was in the state of Missouri on the date the plaintiff was first injured, then venue may be in the county of the plaintiff's principal place of residence on the date the plaintiff was first injured; (2) If the defendant is an individual, then venue shall be in any county of the individual defendant's principal place of residence in the state of Missouri or, if the plaintiff's principal place of residence was in the state of Missouri on the date the plaintiff was first injured, then venue may be in the county containing the plaintiff's principal place of residence on the date the plaintiff was first injured.

Oklahoma

Okla. Stat. tit. 12, § 130

Upon a finding of lack of venue for an action brought under the Affordable Access to Health Care Act, the court may transfer or dismiss the action, though if a dismissal would operate as a dismissal with prejudice, the action must be transferred.

South Carolina

S.C. Code Ann. §§ 15-7-10 to 15-7-120

Provides a detailed list of actions that must be tried where the subject matter is situated, actions that must be tried where the cause of action arose, and actions that must be tried in the county in which the defendant resides.

Texas

Tex. Civ. Prac. & Rem. Code § 26.051

Applies only to class action suits. Provides for the immediate appeal of trial court decision to determine whether a plaintiff has properly established venue. Authorizes the courts to dismiss cases with no connection to Texas..

West Virginia

W. Va. Code § 56-1-1 and § 56-1-1a

Prohibits nonresidents from bringing actions in a state court unless all or a substantial part of the acts or omissions giving rise to the claim occurred in the state.