Here's what I want to know. If a drug company sells a drug for say antiarthritic pain and it causes all these problems like death and major cardiovascular side effects, why would some of the cases be tried in state court and some be tried in federal court?Why are some cases tried in federal court while others are tried in state court?
Federal Courts are for issues involving Federal Law.
State Courts are for issues involving State Law.Why are some cases tried in federal court while others are tried in state court?
Often times in cases like that, the Federal and State Courts will have concurrent jurisdiction, so the parties can choose which forum they prefer.
Federal courts can have jurisdiction in two ways: 1) a Federal question is at issue (i.e. a federal statute or a constitutional violation) or 2) it has ';diversity'; jurisdiction. Diversity is when the parties (not the laws at issue!) are from different states *and* the amount in controversy exceeds $75,000.
If the Federal Courts have jurisdiction then either the plaintiff or defendant can force the case to go into Federal Court. If neither does, the case can be tried in State Court. If the Federal Court doesn't have jurisdiction, then the case must be tried in State Court. Note that state courts can enforce the laws of other states and Federal laws.
Federal courts are courts of limited jurisdiction. A lawsuit may only be filed in federal court if (1) the lawsuit is brought pursuant to a federal law or raises issues of federal law; or (2) the plaintiff and defendant are residents of different states. If neither of the foregoing is true, the lawsuit may only be brought in state court. In the example you gave, different people suing the drug company might sue in different courts. If the drug company is based in New York, and no federal statute is implicated, a New York resident could only sue in a New York state court. However, a Pennsylvania resident could sue the drug company in federal court.
It all depends on the jurisdiction of the issue and the amount in controversy. Federal Court cases can only accept ';diversity jurisdictional'; cases that involve damages in excess of $75,000.00. ';Diversity Jurisdiction'; is simply the term used when you are dealing with the laws of two different states...for example, you live in Illinois but the company you are suing is registered to do business in Delaware.
Depends on the nature of the claim and sometimes the location of the parties. A claim under state law is usually heard in State court. A claim under federal law is usually heard in federal courts. Then there are mixed claims. In addition, federal courts can hear cases where none of the parties live in the same state.
State courts deal with violations of state laws, Federal courts deal with violations of Federal law. And yes, it's possible to be prosecuted in both at the same time. This country guarantees lawyers a living!
Depends on which laws are broken - federal or state, and which venue the attorney feels he is most likely to win.
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