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which Federal court can hear my case?

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Lawjustice

Junior Member
What is the name of your state?
Kansas

I moved to Kansas state after A company in Michigan State terminated my job and I want sue that company in Federal court. Could you tell me which Federal court has power to hear my case, Federal court in Michigan or Federal court in Kansas? Could I pick a Federal court in the middle of these two states?

Thank you very much!
 


Lawjustice

Junior Member
Thank you very much for your reply!

The company terminated my job by violating several federal discrimination laws. The attorneys in Michigan State advised me to sue the company in Federal court. I think, if I could sue the company in Federal court close to my current address (since the Federal court has same jurisdiction), it will be more convenient for me. That is why I ask the question.

Thank you very much!
 

ecmst12

Senior Member
It's best to sue the company in its location, especially since that is where the violations occurred. But follow your attorney's advice.
 

tranquility

Senior Member
My understanding is that you are suing in federal court because of an enabling statute--discrimination of some sort. You can sue in any federal court because all have jurisdiciton. File where you, or your attorney wants, but understand the defendant may make a motion to chage the venue.
They may want to change the venue based on the fact it is unreasonably burdensome to defend. It may cost you money to defend the motion. The type and size of the company is a fact which is important as are where the events occurred and where a corporate defendant is a "resident" and/or where its principal place of busisness is. Venue rules are in many places and it is hard to see if they would win without more specific facts.

Info edit:
Because I'm feeling charitable, I pulled out Rutter's and find that, for a federal question, the venue statue generally (specifics can override):
1. Venue is proper if all defendants are from the same state, a district where any one of the defendants reside, OR, a district where a substantial part of the events occurred, OR, if no other district, in any district in which any defendant may be found.
2. The statute which gives the federal court jurisdiction may also give venue rules.
a. Jones act: where employer resides or has principal place of business
b. Title VII: where relevant employment records ar emaintained or administered or where plaintiff would have been employed but for the practice; otherwise the defendant's principal office.
3. Discretionary venue for the "convience of parties and witnesses" or in the interest of justice.
4. You can have pendent venue too. Each claim should have venue established in the complaint.

The remedy to improper venue is a transfer or dismissal on the objection of the defendant(s).
 
Last edited:

mlane58

Senior Member
What is the name of your state?
Kansas

I moved to Kansas state after A company in Michigan State terminated my job and I want sue that company in Federal court. Could you tell me which Federal court has power to hear my case, Federal court in Michigan or Federal court in Kansas? Could I pick a Federal court in the middle of these two states?

Thank you very much!
Have you filed with the EEOC? You have to file with them before you can recieve a right to sue letter.
 

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