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Lawyers regularly must consider where to litigate a dispute: federal or state court; what state/venue; court or arbitration?
April 17, 2023 at 12:46 PM
3 minute read
Lawyers regularly must consider where to litigate a dispute: federal or state court; what state/venue; court or arbitration? In addition to considerations of tactics and convenience, lawyers must always analyze constitutional, statutory, and contractual limitations. Article III of the Constitution imposes subject-matter and standing limits, for example, as sometimes further limited by statute. The due process clauses of the Constitution and 14th Amendment impose limit of fairness on where a defendant can be sued, whether in state or federal court; statutes and contracts also may be relevant.
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