First, in 1990, Congress passed the supplemental jurisdiction statute-28 U.S.C.
In terms of federal-state jurisdiction, the last decade might fairly be characterized as one wherein the legal profession has witnessed a three-fold significant expansion of federal court jurisdiction over state law claims. (8) Issues affecting the forum that will adjudicate claims, therefore, have a profound impact on the adjudication of such claims. (6) As one researcher noted, "a plaintiffs ability to avoid removal could mean the difference between winning and losing." (7) Empirical research that is available suggests that such assertions are not hyperbole, with removed cases sharing a statistically significant low win-rate. As two researchers concluded, "forum matters." (5) This preoccupation with the identity of the decision-maker is no more profound than in the context of the choice between a state and federal court for resolution of a civil lawsuit, particularly when the plaintiff is deprived of her original selection of a state court as the preferred forum due to a defendant's removal to federal court. Nobody would dispute the importance of a lawsuit's venue. (3) In a world where most cases are disposed of by settlement, (4) perception becomes reality. would agree that the case is to be tried, is without question one of the most significant factors, perhaps the most significant factor, in the outcome of the case.'" (2) Even if one would like to believe that the locale of the lawsuit is not outcome determinative, the fact is that lawyers who try cases believe that it makes a big difference. (1) As one legal scholar has commented, "'very trial lawyer. To most seasoned trial lawyers, the identity of the court hearing their case is at least as important as the facts of their case.
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