1E9Ct5D

F. Considering Challenges to Jurisdiction and VenueWhether your company is subject to the court’s jurisdiction is a threshold question thatyou should quickly analyze. Challenges to jurisdiction are common, well-codified andaddressed in numerous cases in most federal circuits and states.Whether you are in the proper venue is often a more difficult question. Plaintiffs’attorneys will purposely file an action in the most favorable venue possible. Especiallyin catastrophic litigation, great care must be taken – immediately, before you file ananswer – to determine whether or not the plaintiffs’ chosen forum is appropriate. Inaddition to mandatory and permissive venue rules and statutes in all states, considerbringing a motion to transfer venue based upon forum non conveniens by consultingfederal law and its state equivalents. 28You must also be very careful not to waivevenue challenges through missed deadlines or active participation in the pending case.You must also consider that an unsuccessful challenge to jurisdiction or venue mayalienate the presiding judicial officer.G. Hiring a Jury ConsultantCases with significant exposure are often “mock tried” with the assistance ofprofessional psychologists and jury consultants. These confidential proceedingsprovide valuable insight into what facts, legal arguments, and themes may have tractionwith a real jury. When defending catastrophic litigation, we have sometimes found it28 See 28 U.S.C. § 1404. When faced with a timely motion, there are numerous factors courts willconsider in deciding whether a more convenient venue exists for hosting a pending action. Moststates, including Colorado, also offer procedures for changing venue for “the convenience of witnessesand the ends of justice…” E.g., Rule 98(f)(2), Colorado Rules of Civil Procedure (2014).