Personal Injury-Diversity of Jurisdication clarification, can the case stay in state court

Asked over 1 year ago - Las Vegas, NV

My dad was injured at a store in Henderson, NV. His primary residence is in Atlanta, Ga and the corporation of the store is in Illinois. The injuries are $90,000 can the case jurisdication stay in district court or does the case have to be transfered to Federal court. Both parties the plaintiff primary residence is out of state and the corporation primary residence is out of state

Attorney answers (8)

  1. Richard S. Johnson

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    Answered . If the case is filed in Nevada, it can stay in district court. However, under the circumstances you have stated with respect to the parties' residences, the defense could remove the case to federal court based on complete diversity and an amount in controversy that exceeds $75,000. Your father should speak with his attorney. If you or he have any questions, feel free to call or email me

    If you would like a free consultation, call me at 702-823-3333. www.naimidilbeck.com
  2. Kyle Allen Stucki

    Contributor Level 4

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    Answered . Mr. Myers' answer seems to respond most directly to your question. In my experience, Federal Court here in Nevada can be really great for a quick resolution of a case. It's certainly more intimidating, but it makes for organized and efficient discovery and the Federal Court Judges constantly push for a fair settlement to avoid actual trial.

    I would love to talk to you about this case if you have a moment.

  3. Timothy Leo Bowden

    Contributor Level 14

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    Answered . Your attorney will determine that. Call a local one now.

    Tim

  4. Andrew Daniel Myers

    Contributor Level 20

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    Answered . In a state court there must be something called minimum contacts which is a multilayered analysi involving both the state statute and the constitutionality of forcing an out of state party into the local court. No facts in this post indicate that you have local state court jurisdiciton but you need a civil litigattion attorney to look into it.

    Federal courts present many unique jurisdictional issues. As a thumbnail, U.S. District Courts have original jurisdiction of all civil actions where the matter in controversy exceeds $75,000, exclusive of interest and costs, and is between either citizens of different States or citizens of a State and citizens or subjects of a foreign state. But, this is a complex analysis no one here can give you the bottom line without many more details.

    Click The Blue Link Below For More:

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  5. Christian K. Lassen II

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    Answered . http://www.law.cornell.edu/uscode/text/28/1441

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Jonathan Craig Reed

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    Answered . From what you write it appears that any party in your father's case can remove to federal court. A traditional reasons that many plaintiff attorneys do not file in federal court when they have the opportunity to do so because of diversity or a federal issue is jury verdicts in federal court have to be unanimous thereby arguably making it more difficult to get a plaintiff's verdict in federal court. Some plaintiff's attorneys also feel that state court judges may give them more freedom in asking prospective jurors questions in the process called voire dire. That said, federal court is less crowded and in many ways a more pleasant place to be.

  7. George Costas Andriotis

    Contributor Level 20

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    Answered . Call an attorney to properly investigate and advise you. Even if the defendant is arguing that the case should be heard in Federal Court that doesn't mean it needs to be.

  8. Howard Robert Roitman

    Pro

    Contributor Level 17

    Answered . Five basic considerations govern the proper removal of a case from state to federal
    court: Who, What, Where, When, and How. “Who” determines which party may remove a
    case to federal court, and “what” dictates which sorts of cases may be removed. “Where”
    governs the place to which the case may be removed, while “when” governs the timing of that
    removal. Finally, “how” regulates the method by which a case may be removed. Each of
    these considerations is addressed below. Before expounding upon them, however, two basic
    tenets of removal jurisdiction must be recognized: first, removal statutes are strictly
    construed, and all doubts regarding removability are resolved in favor of remand to state
    court. Second, the burden of establishing removal jurisdiction rests with the defendant, and
    this burden applies both to establishing federal jurisdiction and to following appropriate
    removal procedures.
    Statutory diversity jurisdiction exists over controversies between citizens of different
    states, and between a state or its citizen and a foreign state or its citizens, provided the amount
    in controversy exceeds $75,000, exclusive of interest and costs. 28 U.S.C. § 1332. For
    diversity jurisdiction to exist, diversity must be complete. That is, all plaintiffs must be
    diverse in citizenship from all defendants, and no plaintiff may have the same citizenship as
    any of the defendants. if there are any Nevada defendents diversity is defeted.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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