I have a state law claim (medical malpractice). Both the doctor and I were a resident of CA at the time the malpractice occurred. I relocated to my home country since then and do not live here any longer. Can these circumstances be any basis to file a claim in the Federal Court?
3 Answers from Attorneys
You can file in federal court in the 9th Cir if your damage meet the minimum amount requirement. You can also sue in California state court.
Filing in federal court with an issue like that involves diversity jurisdiction. Both of the parties cannot be from the same state, and the amount in controversy must exceed $75,000.00 exclusive of interest and costs. Wikipedia currently has a good article on diversity jurisdiction.
No. You have neither diversity jurisdiction, nor a federal question. Hire an attorney in CA to file in Superior Court, where it belongs. If serious about doing so, feel free to contact me to discuss the facts and merit of the case.
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