Tax forumshopping is becoming something of a trend these days with athletes in particular hopping from venue to venue in an effort to maximize their after-tax profits.
The Class Action Fairness Act (CAFA) of 2005 expanded federal jurisdiction over class-action lawsuits primarily to reduce so-called "forum shopping, " where plaintiffs would look for the locale friendliest to class-action cases and then file in courts there.
The unstable landscape Scalia refers to promotes the lucrative specialty of forum-shopping, in which plaintiff lawyers seek out the courts and judges most likely to allow their cases to survive a motion to dismiss, usually the last step before a tidy settlement.