Q: If I live in Georgia and the lawsuit is against somebody in South Carolina, is that enough for a federal civil case?
A: No. Assuming the case is not under a federal statute, diversity of citizenship jurisdiction still requires the amount involved to be in excess of $75,000. If your case is for an amount less than that, the federal court will dismiss the case, and your case will need to be filed in state court.
Q: What if I file my case in state court against a defendant from another state, even though the amount involved is over $75,000?
A: The defendant could remove the case to federal court under a special statute providing that out of state defendants can remove cases in this circumstance.
Q: What if a federal employee, while driving a government car on business, has a wreck and injures me? Can I sue in state court?
A: Yes. However, if the federal driver turns the case into his federal agency, and if they certify to the US Department of Justice that he was in the course and scope of his employment (which they usually do), the United States Attorney will remove the case to Federal District Court under Federal Question Removal Statute.
Q: Why would I need a lawyer experienced in Federal cases just because the case is in Federal Court?
A: There are different rules and procedures in Federal Court, which can be strictly applied. If the lawyer that filed the court in state court is not familiar with federal procedures, but the case is removed, he or she may or may not be familiar with all the time deadlines for filing different types of reports, rules regarding discovery in Federal Court, and other matters which could adversely affect your case.
Q: Would my attorney fee be different for a case in federal court rather than state court?
A: No. If you are the defendant in the case or your case involves a business dispute, often the attorney fee is based on hourly rate. If your case involves personal injury or damages claims, your fee would still be that normally set in state court for personal injury, contract, business litigation, or the like. These include both hourly rate fees and contingency fees. This would be determined after consultation with the lawyer in office. |