Choice-of-forum clauses can pose a significant obstacle to individuals hoping to bring claims against corporations. By limiting claims to particular geographic locations, choice of forum is part of a larger trend of constricted access to the courts. Compared to other restrictions, however, the Supreme Court’s inconclusive stance on choice of forum means that this is one area where states have room to legislate to protect individual plaintiffs. This Note catalogues the surprising breadth of existing state anti-choice-of-forum statutes and argues that states can and should continue legislating in this area, particularly for contractual relationships most commonly defined by resource and power disparities.
Cara Reichard, Keeping Litigation at Home: The Role of States in Preventing Unjust Choice of Forum, Yale Law Journal, volume 129, 2019-2020, number 3, January 2020.