Legal Question in Federal Tort Claims in New York

Most Favorable Federal Jurisdiction

For a complex Civil Case white has Federal jurisdiction by having/meeting the conditions of being “federal question,” involving a “diversity of citizenship” (including defendants from various U.S. States), and being over $70,000, is there a Federal Court/Jurisdiction that is more favorable/proper for such a case; i.e., where maximum punitive damages would be obtained and where such cases a common.

Asked on 6/17/08, 7:06 pm

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Most Favorable Federal Jurisdiction

you will be treated similarly in either Court - chose which is most convenient to you.

Feel free to contact us for assistance, and a free phone consultation, on this case at 212.709.8303

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Answered on 6/18/08, 11:20 am
Stephen Petix Quinton & Petix

Re: Most Favorable Federal Jurisdiction

Forum shopping is usually not allowed in a diversity case.

A federal civil suit based on diversity jurisdiction, where the amount in controversy is greater than $75,000, may be brought: "only in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought." 28 U.S. Code, Section 1391(a).

Establishing personal jurisdiction over each of the defendants is a separate problem that could limit your ability to pursue a given defendant in a particular jurisdiction.

If the matter you are dealing with is as complex as you say and involves multiple defendants in various States, you should try to find a lawyer to represent you.

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Answered on 6/19/08, 6:57 pm

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