Difference Between Federal and State Court
Federal Courts only have jurisdiction over personal injury claims when “diversity” between the parties exists. Diversity is all about what state each party resides in. Diversity jurisdiction exists where all defendants are from different states than all plaintiffs and the amount in controversy exceeds $75K. If a party on opposite side is from the same state, diversity is destroyed. However, persons on the same side may be from the same state. If no diversity exists, then the case belongs in State Court. When filing a claim where diversity exists, state court is still a viable place for the injured person to...
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