Can I move/transfer venue to a new state if against powerful political individuals of a state?

[ViewSonicBOOM]

FLORIDA/GEORGIA

My business is a registered Florida corporation however I have commercial rental property in another state in the 11th circuit. For sake of argument, lets say Georgia(for example). The company who I am considering a lawsuit against also has a branch office location in Florida if that matters however the wrongdoing took place in Georiga on a commercial rental property.

Both Florida and Georgia are in the same 11th circuit.

If my lawsuit was against company owned by a well connected and powerful family which include both governor and senators of the state of Georgia(who also had many powerful business ties and connections in the state) could this be a justification to have it moved to Florida instead of their home state of Georgia?

The amount is over $75,000 and it involves citizens of different states.

How could I get the venue out of the state of Georgia assuming there is a way?

Do I have options here?

Thanks.

 

[doucar]

Of what state are you a resident? And why do you want to file in Federal Court?

 

[Taxing Matters]

Whether the states are in the same court of appeals circuit makes no difference here. The rules for venue for U.S. District Court are set out in 28 U.S.C. § 1391. The mere fact that the opposing business entity is owned by “a well connected and powerful family” does not allow you to get around those venue rules. Federal district court judges are appointed by the President and serve for life terms; there is nothing a state governor or state legislator can do to a federal judge such that it might affect the outcome of your litigation. So what specifically makes you think that the federal judges in Georgia would be biased in favor of your opponents? Do you have anything concrete that would disqualify ALL the district court judges in that state from hearing the case?

Do you have a lawyer? If not, I suggest you get one. Litigation outside of small claims court is not a good do it yourself project, especially if in federal court. Moreover, if your business is a LLC, LLP, LP, corporation, etc., and this is a claim of the business then the business MUST have a lawyer represent it — if you are not a lawyer then you cannot represent your business in court if it is one of those kinds of entities.

 

[quincy]

This really sounds like a matter that needs an attorney's personal attention, ViewSonicBOOM. Have you spoken yet with an attorney in your area (or in Georgia or wherever)?

When two states are involved, there is almost always a question of jurisdiction raised by the parties. If there is a dispute over jurisdiction, that generally means the cost of litigation increases.

With the property that is in dispute, and the parties you are naming as defendants, located in Georgia (or wherever), you will probably find that Georgia (or wherever) is the place to file your lawsuit rather than Florida.

 

[ViewSonicBOOM]

Of what state are you a resident? And why do you want to file in Federal Court?

I am a resident of Florida, my company is a Florida corporation and the company I'm going against is headquarters in George however has branch offices in Florida.

I want to go into Federal court in Florida since I think the judge and Jury may be less bias against me since this family has the ability to actually appoint judges. Many law firms in Georgia are scared to take the case since it involves such a high profile family in the state.

I am using Georgia for an example but its actually another state but the facts of the situation are real.

 

[quincy]

Law firms and lawyers are rarely intimidated by high profile defendants.

 

[doucar]

If you sue in Federal Court, it would have to be in "Georgia" to preserve diversity jurisdiction and personal jurisdiction which generally requires you to sue the defendant in its home state. It you want to sue in Florida, you may be able to in state court, because of their presence in Florida.
Did you read Taxing Matters point about federal judges being lifetime appointees of the President and Senate, not state officials.

 

[quincy]

ViewSonicBOOM has two other threads that may be related to this one.

https://forum.freeadvice.com/threads/whistleblower-program.648055/

https://forum.freeadvice.com/threads/what-actions-do-i-have-for-lawyer-malpractice.648054/

 

[Taxing Matters]

I want to go into Federal court in Florida since I think the judge and Jury may be less bias against me since this family has the ability to actually appoint judges.

The governor of Georgia (or whatever state this really is) has no power at all over federal judges. They are appointed by the president and serve for life once appointed. From just what you have provided here, it appears that if you want to sue in federal court you would need to file the lawsuit in that other state since that is where the defendant is located and that is where the events occurred that gives rise to the lawsuit. You could not do it Florida. A federal judge won't be intimidated by the fact that the entity you are suing is owned by politically well connected people in that state because state politicians have no power over that judge. As for the jury, the federal court pulls jurors from all over the district that it covers. The vast majority of citizens in a state aren't going to care one way or the other that the business is owned by the governor and/or his/her family members because they aren't affected one way or the other by that family. Moreover, they are not likely even going to know that the company you are suing is owned by these people.

As for suing a company owned by politcally connected people, most lawyers who litigate love doing that. Of course a lawyer who gets a lot of work from state agencies would not keen to do it, but most lawyers won't have that problem. If you are finding it hard to get a lawyer to take it after you have contacted a number of them, that likely indicates you do not have a strong claim.