[20200225]LSB10380_快一点？国会辩论向联邦法院“突然”撤销诉讼.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i UPDATE: Make it Snappy? Congress Debates “Snap” Removals of Lawsuits to Federal Court Updated February 25, 2020 Whether a lawsuit proceeds in state or federal court can have significant practical consequences. For various reasons, some litigants and commentators perceive state courts as more favorable to plaintiffs and federal courts as more favorable to defendants. For instance, the procedural requirements that a plaintiff must satisfy to survive dismissal of a federal lawsuit can be more stringent than the requirements that apply in many state courts. Certain observers also claim that state courts may be inclined to disfavor out-of-state defendants. These perceived differences between state court and federal court often encourage litigants to engage in forum shopping; that is, plaintiffs sometimes expend significant effort and resources seeking to keep cases in state court, while some defendants do the same to try to move cases to federal court. Apart from the direct consequences to the litigants themselves, the forum in which a particular lawsuit proceeds may also implicate principles