Federal Court Litigation
Since most civil lawsuits are prosecuted in state courts, the majority of practicing attorneys never even enter federal court. If you face a lawsuit where federal jurisdiction applies, you need an attorney who is more than simply acquainted with U.S. law and federal rules of procedure. Willim Gagliardino has litigated numerous cases in the federal court system. We understand the many nuances, advantages and disadvantages of federal court, and are prepared to represent you in matters related to civil lawsuits filed in federal court and state court lawsuits where removal to federal court is permissible.
Some civil lawsuits can and should be filed in federal court. If you are the plaintiff, you can file in federal court for several reasons, including:
- Diversity — If the issue falls under state law, but the parties are from different states, the federal court will hear the case but apply state law in adjudicating.
- Constitutional question — The case must raise some issue under the U.S. Constitution.
- Civil rights claims — State law may be sufficient, but federal law also permits civil suits.
- Class action cases — Because of their complex nature, federal jurisdiction is granted.
- Environmental regulations — Federal regulations are given primacy over the states.
A defendant in a state court lawsuit may also remove the case to federal court if jurisdiction exists. Attorneys who are unfamiliar with the federal system may be overly wary. Their hesitation may prevent clients from receiving numerous benefits. Depending on the state in question, federal court may offer:
- More favorable discovery rules
- Judges more experienced with complex cases
- A more neutral forum
- Favorable precedent binding on the court
- The right to jury trial for specific cases
- Speedier trial
- A broader jury pool
An experienced federal court litigator will fully explain why your case should be filed federally or removed from the state court to the federal.