Get sued in one court, countersued in another

Factual Questions
21

I would have thought that there would be such a general answer to this question. Obviously with any large organization, personal jurisdiction won’t be an issue with a variety of states. Assuming no forum selection clause, it would seem that when a dispute arose, each party would want to file in the state that would be most favorable to it.

In any case (worth less than $75k, so less forget about diversity; let’s further assume sufficient contacts so personal jurisdiction is not an issue) if someone sued me in their home state court, why shouldn’t I just sue them back in my home state?

So, you are telling me that it is judged on a case by case basis? It would seem as if this type of thing has happened many times before and has been ruled on before.

Is it really just a race as Bearflag70 suggests? Whichever court rules first on the venue motion, that party wins? As far as Amasia’s statement, lets assume both states have compulsory counter-claim rules.

22

Not necessarily. I was suggesting that whoever files the motion first has first crack at a ruling, not necessarily that the court will agree with the moving party as to which forum is best.

23

Here’s a start on some of the variables a court might consider in picking a forum: forum non conveniens

24

Update: RI refuses to dismiss Big East suit. WV Court refuses to dismiss WVU suit.

http://www.wajr.com/includes/news_items/1/news_items_more.php?id=18111&section_id=1

What solves this?