How can you tell if your lawyer is doing everything he should, to keep your case in the court you chose.? -

I have a civil suit in state court,the opposing side(Defendants) has filed a motion to move the case to federal court.The other sides main office is based in Florida,but it has local offices, operations,managers,and a business agent,in the state I filed suit in.I used to work for the(Defendant)and several other coworkers have suits pending against this same employer.My lawyer says some of the charges are state and some are federal.What should he be doing at this point,to prevent my case from being moved from state court to federal court? He does not speak as confidently now as he did when the case was first filed.This employer has lost a prior case in state court against another coworker.I am very concerned at this point about my attorneys experience level. I can t have him guessing about what to do.

If some of your charges are federal charges, then the federal courts have subject matter jurisdiction and the defendant can transfer the case to federal court. There is really nothing you can do if the removal to federal court was appropriate, unfortunately. I think there may be a 30-day deadline for the defendant to remove to federal court though, after it became a party to a suit. So if your ex-employer filed the motion to remove more than a month after you filed suit, you might want to have your lawyer check into that. The only other thing I can think of it that if you have been litigating for more than a year, then removal would have been defective, and you could file a motion to remand to state court. You have to do this within 30 days of the removal, though. Good luck!

when you don t pay him enough.

The first poster hit the nail on the head, as why co-worker was able to use the state court, maybe the employer tried that route loss and now believes with any future civil suits they are better off in federal court But as stated above if the defendant is not a resident of your state they can ask and be granted the case be moved to Federal court, and there is nothing your lawyer can do about it

hi, if doubt it so just change it and will solve Mr Wayne

Do your own research, there are a lot of web sites that can help.

Actually, that s called Removal Jurisdiction. He may not be able to prevent it at all. If there are ANY federal law disputes (called Federal Questions) then, it is removeable. The judge has discretion to hear the entire case or only the federal parts of it. However, from experience, federal judges LOVE to take the whole case! By the way, this process is a statutory process. Your state law will still control those state issues, but it will be applied by a federal judge instead of a state judge.