Privacy, Business and Law

Only two types of cases are eligible to be decided in federal court. “Diversity Cases” are disputes between citizens of different states, in which the amount in controversy exceeds $50,000. “Federal Question” cases involve claims for relief under federal statutes. Examples of these include the Lanham Act (trademark violation and unfair trade practices), Securities Act of 1934, Americans With Disabilities Act, Fair Debt Collection Practices Act and many others. A party to a case commenced in state court may have the right to “remove” (i.e., transfer) the case to federal district court. There are many differences between federal and state litigation which will influence the choice between state and federal court, including the size and composition of juries, application of procedures such as summary judgment, etc.