why did gardner and his attorney file in federal court, rather than state court?

What did the judge say at Gardner’s sentencing hearing?

This question hasn't been solved yet. Ask an expert. Ask an expert Ask an expert done loading. In the case of Gardner vs. Loomis, why did Gardner and his attorney file in federal court, rather than state court? Expert Answer. Who are the experts? Experts are tested by Chegg as specialists in their subject area.

What did Jennifer Gardner do before she became a prosecutor?

2 days ago · She filed a frivolous 32-page federal lawsuit alleging a “ racist conspiracy ” against her. Her lawyer said the ethics case amounted to "another attempt by Ms. Gardner's political enemies — largely...

Who is John Gardner?

Court Description: ORDER granting in part 7 Motion Emergency Motion to Dissolve Ex Parte Temporary Restraining Order and Dismiss . Accordingly, the TRO is dissolved as improperly issued under Rule 65. See Rabbi Jacob Joseph School v. Province of Mend oza, 342 F. Supp. 2d 124, 127 (E.D.N.Y. 2004) ("The temporary restraining order that was issued without notice to …

Can a state court case be litigated in federal court?

Jul 05, 2020 · She persuaded the court to appoint yet another special prosecutor. In November, that prosecutor cleared the defense of an intent “to threaten or harass the Circuit Attorney.” In January, Gardner filed a federal civil rights petition under the Ku Klux Klan Act. She sued Carmody, Lane, the SLPOA, and the city itself, accusing them of “a racially-motivated [sic] conspiracy to …

What is CM/ECF in court?

What is CM/ECF? Case Management/Electronic Case Files (CM/ECF) is the federal Judiciary's system that allows case documents, such as pleadings, motions, and petitions, to be filed with the court online.

Do attorneys have to redact personal identifiers?

Attorneys and other filers are required to acknowledge their responsibility to redact "personal identifier" information each time they log in to CM/ECF. Learn more about the Privacy Policy for Electronic Case Files .

What is the federal question jurisdiction?

§ 1331 states, “The [federal] district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”. Therefore, generally, if a lawsuit is based upon a federal statute then it can be heard in federal court.

How to effectuate removal to federal court?

To properly effectuate removal to federal court, the defendant must file a “notice of removal” with both the state and federal court that sets forth the basis for federal court jurisdiction, and must provide a copy of the notice of removal to the plaintiff. If there is more than one defendant, all defendants who have been served with ...

What are the three statutes of jurisdiction?

In civil cases, the three main statutes are 28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1332 (diversity of citizenship jurisdiction), and 28 U.S.C. § 1367 (supplemental jurisdiction over state law claims). Although not discussed herein, it should be noted that there are numerous other federal statutes that confer federal ...

What is forum defendant rule?

For example, if a corporation from Alabama sues a person from New York in New York state court for $100,000, the defendant may not remove the case to federal court because he is a citizen of New York. However, courts have held that if the local defendant removes the case to federal court ...

What is supplemental jurisdiction?

Supplemental Jurisdiction. Pursuant to 28 U.S.C. § 1367, where a federal court has jurisdiction over a case, it can also entertain additional claims based solely on state law, albeit with some exceptions. Those exceptions include, but are not limited to, where the state law claim raises a novel or complex issue of state law, ...

Why is it important to contact an attorney immediately?

If you plan to sue, or if you are sued, it is important to contact an attorney immediately, because the clock is running. An experienced litigation attorney will know whether the case should be heard in state court or federal court based upon legal, practical, and strategic considerations.

Can a state court case be removed?

Removal and Remand. If a case is filed in state court, a defendant can move the case to federal court under certain circumstances. This is called “removal” and is governed by 28 U.S.C. § 1441 . A case can be removed by the defendant if there is a basis for federal jurisdiction as explained above. To properly effectuate removal to federal court, ...

When a case is removed to a federal court, what happens?

When a case is removed to a federal court, all activity in the state court stops and the case begins anew in the federal court. Cases filed in a state court can be removed to a federal court when there is federal question jurisdiction or when there is diversity jurisdiction and no defendant resides in the state in which ...

What is the advantage of a state court?

If the case will be governed by state law, a state court may offer one distinct advantage: If your case poses a state law question for which there is no definitive authority from an appellate court, a state trial judge can decide what state law ought to be, subject only to the final decision of a reviewing court.

Why is diversity jurisdiction called diversity jurisdiction?

Cases between corporate or individual citizens of different states invoke federal jurisdiction called diversity jurisdiction, so-called because there is diversity of citizenship among the parties. Actions based on federal law may be tried in federal court on what is called federal question jurisdiction. If you or your company is a plaintiff ...

How many people are on a federal jury in California?

Civil juries in most state courts, California included, consist of twelve persons. Federal civil juries in most districts, including those in California, are made up of six persons. There is little reliable information about whether a six person federal jury will behave differently from a tw elve person state court jury because ...

What is a state jury?

In urban counties, a state court jury can be expected to consist primarily of city dwellers from a range of social and economic classes. Federal courts, with access to jurors throughout a multi-county district, are likely to include more suburban dwellers. To illustrate, in San Francisco this means that a state court jury will be drawn entirely ...

What are some examples of civil cases?

Examples are actions for patent and copyright infringement, bankruptcy cases, suits for refund of federal taxes, claims under federal antitrust laws and other cases where federal jurisdiction is exclusive.

What happens when the law is unclear?

When the law is unclear, there are still general considerations which may help you make a choice of court. If the case turns on federal law, as with cases which qualify for federal question jurisdiction in the federal court, litigating the action in a state court may deny you the federal law expertise of a federal judge.

What are federal questions?

Cases that arise under a federal law (called "federal question" cases). Federal district courts have subject matter jurisdiction if your case is based on (arises under) any federal law. Examples include: 1 You sue a police officer for violating a federal civil rights statute that authorizes civil damages lawsuits by persons who are unlawfully arrested. 2 A patent owner sues an individual for manufacturing an item that violates the patent. (Federal law creates patent rights.) 3 An owner of a small business sues a large company for violating federal antitrust laws. 4 Under a federal law aimed at eliminating discrimination by businesses, a civil rights organization sues a restaurant chain for maintaining a policy of discouraging patronage by members of ethnic minority groups.

What are some examples of federal diversity jurisdiction?

Examples of federal diversity jurisdiction include: A citizen of New York injured in a traffic accident sues the New Jersey citizen who was driving the car, and the complaint asks for damages in excess of $75,000.

What is a patent owner?

A patent owner sues an individual for manufacturing an item that violates the patent. (Federal law creates patent rights.) An owner of a small business sues a large company for violating federal antitrust laws.

What is subject matter jurisdiction?

Federal district courts have subject matter jurisdiction if your case is based on (arises under) any federal law. Examples include: You sue a police officer for violating a federal civil rights statute that authorizes civil damages lawsuits by persons who are unlawfully arrested. A patent owner sues an individual for manufacturing an item ...

What is subject matter jurisdiction in diversity of citizenship cases?

Diversity of citizenship cases. Federal district courts also have subject matter jurisdiction if you are suing a citizen of a different state (or a foreign national), and you are asking for at least $75,000 in money damages.

What is federal court jurisdiction?

If you are soon to be involved in a lawsuit, the odds are overwhelming that you'll be in state court (see below). Federal courts have subject matter jurisdiction in only two kinds of cases: Cases that arise under a federal law (called "federal question" cases). Federal district courts have subject matter jurisdiction ...

What is the lawsuit against a news service provider in Texas?

A company headquartered in Tennessee sues a Texas Internet news service provider for $125,000 for publishing false information about the company's business operations. (The company could file the complaint in a federal court in either Tennessee or Texas.) "Complete diversity" must exist.