6. An empirical study found that plaintiff won in fifty-eight percent of nontransferred cases that went to judgment, but only in twenty-nine percent of cases that were transferred.

See Clermont & Eisenberg, Exorcising the Evil380of Forum-Shopping, 80 Cornell L. Rev.

1507 (1995). The authors concluded that the reduced win-rate can be explained by “a possibly less favorable set of local biases” and the “shifted balance of inconveniences,” and not differences in the merits. Controlling for all variables, a later study found that the odds of plaintiff’s prevailing went down from fifty to forty percent in a transferred action.

See Clermont, Litigation Realities Redux, 84 Notre Dame L. Rev. 1919, 1928 (2009). Of what significance is this information to policymakers seeking to reform the federal venue statute?