On Feb. 25, the U.S. Supreme Court concluded its trilogy of cases this term in which the defendant argued that the plaintiff had sued in the wrong forum. The court agreed with that position in Walden v. Fiore, just as it had agreed with the defendants in the two earlier cases, Atlantic Marine Construction Co. v. United States District Court and Daimler A.G. v. Bauman.
The combined result of these cases is that plaintiffs will have fewer choices of where to sue, mainly because it became harder to sue where the plaintiffs live. The court thus continued the trend that began in 2012 with the divided decision in J. McIntyre Machinery Ltd v. Nicastro, a case never cited by Justice Clarence Thomas in his unanimous opinion in Walden.
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