One of the common questions in any business case is where the lawsuit can be filed. There are a number of available options, but that doesn’t necessarily mean that they will all be available to you.
Federal Courts
The United States District Courts were created by Article III of the U.S. Constitution. In Louisiana, there are three different federal District Courts: (1) the Eastern District in New Orleans, (2) the Middle District in Baton Rouge, and (3) the Western District, which has separate divisions in Lafayette, Lake Charles, Shreveport, Monroe, and Alexandria.
Whether you can file your lawsuit in a federal court will depend upon the facts and circumstances surrounding your claims. Generally speaking, there are two ways to get a case into federal court. First, cases that are based on federal laws (such as Jones Act claims) can be filed on federal court. Second, cases involving parties from different states where the amount of money involved is over $75,000 may be able to be filed in federal court.
State Courts
Similar to federal district courts, each state has its own set of district courts where most lawsuits can be filed. Louisiana, for example, has 42 district courts spread across its 64 parishes. Most cases can be filed in these district courts, but, even though a case is originally filed in a state court, a defendant may still be able to move the case to federal court if there is a basis for the federal court to hear it.
Arbitration Proceedings
An arbitration is a private trial where the a third-party (think Judge Judy) decides a claim. Arbitrations are very similar to trials in that both sides get to put forth witnesses and evidence to make their cases.
Although there are a lot of benefits to them (quicker resolution and a generally shorter appeals process), arbitrations are less common. This is largely because both sides have to agree to have the case arbitrated.
New Orleans Accident Lawyer
If you’ve been hurt in an accident or are involved in a dispute, you will have to decide where to file your lawsuit. The Mahone Firm can help you through this complicated process. Call (504) 564-7342 to talk about your case with an attorney.
