My Lawsuit Filed In State Court Just Got Moved To Federal Court By The Defendant – How Did That Happen? Your personal injury lawsuit is filed in the Lake County, Indiana Superior Court and then you find out the defendant has moved (or “removed”) your case to federal court. So how did that happen? In an earlier Post, we discussed the differences between state and federal court and how a federal court obtains jurisdiction. As noted in that earlier Post, in many cases state and federal courts can hear similar matters. The topic of this Post is known as “Removal.” If your personal injury lawsuit could have also been filed in federal court originally, then the defendant may be able to “remove” the case from state court and place it federal court. An example of removal that arises from time-to-time involves diversity jurisdiction (see earlier post for a discussion of diversity jurisdiction). For example, if an Indiana plaintiff sues an Illinois company because the company violated Indiana state law and caused serious personal injuries (i.e. the claim exceeds $75,000), then that case could likely have been filed in federal court originally. So, when the plaintiff chooses to file that case in an Indiana state court, the defendant has the option to either leave it in state court or “remove” the case to federal court. Congress has enacted statutes that control the procedure of removing a case from state to federal court. If you or someone you love have been injured because of the conduct of another, contact Westland Kramer & Bennett, P.C. partner Jack A. Kramer for a free consultation (219-440-7550) or by email at: jkramer@wkb-law You can also obtain additional information from our educational YouTube videos. Simply open YouTube and search for “WKBLAW” or “Westland Kramer & Bennett, P.C.” Jack A. Kramer is an AV Peer Rated attorney. AV rating is the highest rating from Martindale-Hubbell for both ethical standards and legal ability. Jack Kramer is also a member of the Million Dollar and Multi-Million Dollar Advocates Forum, as well as being in the Top 100 (Litigation) of the American Society of Legal Advocates. Jack Kramer also has a 10.0 Avvo rating. Westland Kramer & Bennett, P.C., 141 West Lincoln Highway, Schererville, Indiana 46375.
Posted on: Mon, 20 Oct 2014 13:00:00 +0000
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