LITIGATION

OVERVIEW

Law Office of Andrea Natale specializes in federal litigation and defense. While retaining an attorney who can represent your claim at a state level may seem reasonable, there can be a greater benefit of resolving the dispute in federal court. Among others, benefits may include the potential for higher damage awards, more efficient resolution, an unbiased jury pool, and so on.

Federal litigation is complex. Whether you are litigating or have been named as a defendant, the initial stages of litigation must be executed flawlessly, otherwise you stand the chance of waiving a defense, missing a deadline or getting the case dismissed altogether. Unlike state courts, federal courts have limited jurisdiction. Plaintiffs filing an action in district courts must show that the federal court has authority to hear the type of case or controversy, also known as subject matter jurisdiction. Federal courts will hear claims involving violations of federal law, disputes between individuals and or entities from different states, and any additional claims substantially related to the original claim.

In addition to the court’s authority to hear the case, the court must have the authority to issue a judgment against the defendant, also known as personal jurisdiction. If the Plaintiff fails to show that the court has jurisdiction, the case will be dismissed. Therefore, it is paramount to hire an experienced attorney who can analyze and creatively establish jurisdiction over the defendant. If your case was filed in state court, it may be removable to federal court if certain criteria is met. If your case was filed in an improper judicial district, we may be able to dismiss the case or transfer it to an appropriate federal court.

To begin an action in civil court, a plaintiff must draft and file a complaint containing short and plain statements describing the court’s jurisdiction, the claims against the defendant(s) and a demand for relief. Once this document is filed with the court, the plaintiff will serve the complaint and the summons on the defendant. If the defendant fails to be properly served, the court may dismiss the case. The reasons for dismissal may include failing to notify the defendant within 30 days, failing to follow the Federal Rules of Civil Procedure or state law for serving a summons in an action brought in courts of general jurisdiction, improperly serving the defendant, its officer, or agents. As an alternative for effective service, our Firm can seek a waiver of service from the defendant. The defendant will have 21 days to answer, or file a pre-answer motion. It is very important to note that failing to invoke certain defenses by the defendant will result in a waiver. These defenses include lack of personal jurisdiction, improper venue, insufficient process or insufficient service of process.

Once parties to the litigation have decided to move forward with the matter, as your counsel, we will identify the next litigation steps and calculate the deadlines by which they must be accomplished, such as responsive pleadings, pre-answer motions and initial discovery conferences. At that stage, we will begin discovery, a process of gathering documents from the opposing party. With a chief aim to gain the most effective result, we will interview witnesses, analyze documents and prepare your case for trial.

AREAS OF LITIGATION PRACTICE