Forum Shopping In The Ashley Madison MDL Proceedings

As anticipated in our previous discussion of the Ashley Madison data breach litigation, lawyers representing the various putative classes have begun sparring over their preferred venues. The Missouri Jane Doe – who filed the first putative class action – pushed the Judicial Panel on Multidistrict Litigation to consolidate all of the Ashley Madison litigation before the U.S. District Court for the Eastern District of Missouri, which she argued has the requisite data breach class-action experience and is centrally situated for management of a nationwide class. Since then, other plaintiffs have chimed in, advocating forums in California, Illinois and Texas.

Plaintiffs may prefer different forums for both practical and tactical reasons. Practical considerations include the location of witnesses and evidence, the action's nexus to the forum, and the court's docket conditions and MDL experience. Tactical concerns include favorable legal precedent, securing