State and Federal Litigation Woodland Hills
When Filing a Complaint
For a Lawsuit
Each person has the option to decide whether they want to file it for state court or federal court under certain criterion. Whether the case will be brought out at state court or federal court, each has their advantages and disadvantages. For a case to qualify as a federal case it has to either federal question jurisdiction, or diversity jurisdiction are present and the amount in question is valued at over $75,000. Federal question jurisdiction is when the subject matter in question involves a federal law. Diversity jurisdiction is when the case involves citizens of multiple states.
Advantages of State Court
It often gives plaintiffs an advantage when presenting employment litigations case in state court. Generally when a plaintiff is suing in state courts, the ruling does not require a unanimous decision form the jury to win. Many plaintiffs prefer to bring employment litigations to state court as most of the employment attorneys in the state are more familiar with the state’s laws and are more experienced in practice.
Disadvantages of State Court
Since state courts give an advantage to the plaintiffs, it gives defendants a great disadvantage. Oftentimes defendants will attempt to remove the case from state court, and move it to federal court as long as the defendant is not a citizen of the state that the lawsuit was brought upon, and if the case met the criterion to be presented in federal court.
Since state employment laws are roughly based off of federal laws, presenting a case in federal court is similar to state court. The biggest difference is that in federal court, the plaintiff will require a unanimous decision from the jury to win the case.