TIP OF THE MONTH ARCHIVES

These tips are intended to educate the reader about areas of the law that make up my practice. This information may be helpful to do-it-yourselfers or may simply increase the reader’s knowledge and understanding of the legal system.

STATE COURT VERSUS FEDERAL COURT

Most claims the average citizen will bring will be brought in the state courts. Examples of cases routinely brought in state court are personal injury cases, small claims cases, breach of contract cases, divorce cases and cases involving violations of state consumer laws.

Bankruptcy is an exception. The United States Bankruptcy Court has subject matter jurisdiction over bankruptcies, and this is a federal court.

There are primarily two ways to file a lawsuit in federal court: federal question cases and diversity of parties cases. Anytime you are suing pursuant to a federal law you are asking the court to decide a “federal question” and you may choose to file in federal court. For example, an injured seaman may choose to file in federal court under the Jones Act, a law governing injuries to workers on vessels. In the consumer law context, a person may bring claims in federal court under any of several federal consumer rights laws such as the Magnuson-Moss Warranty Act, the Truth-in-Lending Act (TILA) or the Fair Debt Collection Practices Act (FDCPA).

You may also file a claim in federal court that would normally be a state claim, such as negligence or breach of contract, if there is “complete diversity of parties,” and if the amount in controversy exceeds $75,000. Diversity of parties means that the parties reside in or are based in different states. For example, an Oregon resident could sue a Washington resident in federal court for injuries incurred in a car accident if the plaintiff alleges damages greater than $75,000.

In general it is believed that federal courts favor defendants. In addition, because of the different ways courts fill their jury pools, the federal court in Oregon tends to have more white jurors whereas in state court, at least in Multnomah County, there are more non-white jurors. Your attorney will help you decide which jurisdiction, federal or state, is most advantageous to you and your case.

Areas of Expertise

Personal Injury

Auto, Truck, Car & Bike Accidents · Products Liability · Slip & Fall Accidents · Wrongful Death · Pedestrian Accidents

Criminal Law

Assault · Domestic Violence · Drugs · Fraud · Identity Theft · Measure 11 Offenses · Property Crimes · Theft

Consumer & Civil Rights

Auto Purchases · Consumer Fraud · Lemon Law · Americans with Disabilities Act (ADA) · Discrimination · Prisoner Cases

Wills & Estates

Wills · Trusts · Estate Planning · Probate · Will Contests · Power of Attorney · Advance Directives | Living Wills