Cornell Law Review

Article

Will Delaware be Different? An Empirical Study of TC Heartland and the Shift to Defendant Choice of Venue

Ofer Eldar, Associate Professor, Duke University School of Law; Research Fellow, Duke Innovation & Entrepreneurship Initiative.

Neel U. Sukhatme, Associate Professor, Georgetown University Law Center; Affiliated Faculty, Georgetown McCourt School of Public Policy.

Why do some venues evolve into litigation havens while others do not? Venues might compete for litigation for various reasons, like enhancing their judges’ prestige and increasing revenues for the local bar. This competition is framed by the party that chooses the venue. Whether plaintiffs or defendants primarily choose venue is crucial because, we argue,…

Nov 2018