Question by shoe1diva: What are the requirements to file a lawsuit in federal court?
I recently filed a lawsuit in state court, alledging discrimination. # of the parties are from the same state, while one isn’t. The attorney for the defendants filed a removal petition, seeking removal of the state case to fed. What are the rewuirements for filing a lawsuit in fed court?
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Answer by C O R R U P T
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There are several sources of jurisdiction. One would be if the claim is based on federal law. Most claims of discrimination based on race, religion, etc, are based on federal laws. Another would be diversity, but you do not have diversity.
Before you can allege discrimination in a federal court of law, there must be an investigation by the EEOC if your claim is with regard to your employer. If it’s with regard to another issue (i.e. a restaurant wont’ serve you because you’re Hispanic), you must contact the ACLU first.
Regardless of the findings of either the EEOC or ACLU, you can move forward with the lawsuit, although needless to say your case will be stronger if they find wrongdoing on the other party.
But until you have these issues checked out by their respective bodies, you cannot allege discrimination in a federal court of law.
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