Judge Shopping

Abstract

Abstract We examine related case rules, which are local rules adopted by federal district courts to determine whether a newly filed civil action will be assigned to a judge presiding over a previously filed similar case or a randomly chosen judge. Districts have adopted divergent approaches to the definition of “relatedness” as well as to the process for determining whether a case satisfies the definition. We analyze how these design choices affect the ability of parties to strategically manipulate case assignments to gain an advantage in litigation. We also propose suggestions for the optimal design of the assignment rules for related cases.