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what would be the jurisdictional code?
Evanston, IL
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Posted 10 months ago in Litigation
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I'm in school to be a paralegal. we are in the process of drafting a complaint. I missed a few Civil Litigation classes because I was hospitalized for two weeks. Now I'm trying to play catch up. Any help would be great.
What would be the jurisdictional code for a sexually harassment pleading/complaint in cook county against a National Corp., DBA & employee based in Illinois. All parties are from Illinois but, its a national corp, will that qualify as diversity jurisdiction? 28 usc 1331 / 28 usc 1367 / 28 usc 1332 How should i word that under Nature of Case? Thank you - Is this your question? Add additional information Answers (1)
Peter LaSorsa
This attorney is licensed in Illinois.
Posted 10 months ago.
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To file a complaint based on Sexual harassment in Illinois you first have to file a complaint with either the Illinois Department of Human Rights ("IDHR") or Equal Employment Opportunity Commission ("EEOC")--if you file with the IDHR they will automatically cross-file with the EEOC. You can't file directly with the state or federal courts. Once you file you can ask for a "right to sue letter" from the EEOC or wait for the IDHR investigation and then file a lawsuit in the local circuit court.
Diversity Jurisdiction is for a lawsuit based in federal court only. Usually, in order for diversity jurisdiction to apply, none of the plaintiffs in a case can be from the same state as any of the defendants (complete diversity). A corporation is treated as a citizen of the state in which it is incorporated and the state in which its principal place of business is located, though a partnership or limited liability company is considered to have the citizenship of all of its constituent partners/members. Thus, a partnership with one partner sharing citizenship with an opposing party will destroy diversity of jurisdiction It is unclear if you are trying to file in state or federal court. |
