Federal Courts

We are pleased to represent clients in Federal Courts; i.e., in the United States District Court for the District of New Jersey; the United States Court of Appeals for the Third Circuit; and the Supreme Court of the United States.

Federal Courts are courts of limited Subject Matter Jurisdiction – i.e., Federal Courts only handle cases that fall under the court’s “Original Jurisdiction;” or the court’s “Diversity Jurisdiction.”

Original Jurisdiction” cases are cases that arise under federal Statutes, the Constitution, or Treaties.

Diversity Jurisdiction” cases are those cases where a plaintiff of one state files a lawsuit in Federal Court against a defendant that is located in a different state. In a Diversity Jurisdiction case, all of the plaintiffs must be located in different states than all of the defendants, and the “amount in controversy” must be more than $75,000. If the case was inappropriately initiated in Federal Court, the Federal Court must Dismiss the case for lack of Subject Matter Jurisdiction.

In a State Court case that qualifies for Federal Court Diversity Jurisdiction, the defendant can seek, within a limited amount of time, to “Remove” from State Court to Federal Court; if the Removal was inappropriate, the Federal Court can “Remand” the case back to the State Court.

Generally, trial level Civil Actions in Federal District Courts are governed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence.

If you want my legal helpplease call me to schedule an appointment — I can be reached by telephone at: 908-232-6500; or by Email: Paul@Kostro.com. My Law Office is located at: 304 Wells Street, Westfield, Union County, NJ 07090.

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[Additional general information related to Federal Courts: HERE]

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