Federal Litigation Attorney
Federal Litigation
Team Lead
Contact NickNot all litigation happens in state courts. Lots of lawsuits are filed in federal courts to resolve disputes that implicate federal laws, regulations, and civil rights. Furthermore, federal courts may have jurisdiction to hear cases when the amount at issue is high and the parties are from different states. In these cases, the decision of whether to seek to remove a case from a state court to a federal one may be one of the most important decisions that will be made over the course of the affair.
The federal litigation attorneys at the national law firm Oberheiden P.C. legally represent both plaintiffs and defendants, as well as both corporations and individuals, in these cases, helping them secure the favorable outcomes that they desire through federal court litigation.
How a Civil Case Can Get into Federal Court
Civil litigation involving private parties – that is, when the federal government is not initiating the case through its role as the chief law enforcement agency – can wind up in federal court, rather than in state court, if the federal district court has subject matter jurisdiction to hear the dispute.
There are two main sources of subject matter jurisdiction for the federal court system:
- Diversity jurisdiction (28 U.S.C. § 1332)
- Federal question jurisdiction (28 U.S.C. § 1331)
There is also supplemental jurisdiction, which can pull one part of a case into federal court if the federal court has jurisdiction to hear another part of the case.
If none of these are satisfied or triggered by the facts of your case, then the federal court system does not have the power or authority to rule on your case and will not hear it. Instead, it will be sent back to state court to be resolved.
Diversity Jurisdiction
Federal courts can hear claims based on its diversity jurisdiction if:
- The amount in controversy is at least $75,000, and
- There is complete diversity of state citizenship between the parties.
Complete diversity of state citizenship means that none of the plaintiffs are domiciled in the same state as any of the defendants.
Individuals are domiciled where they reside. Typically this is a fairly straightforward determination, though people who have homes in multiple states or who move a lot can complicate this determination.
Corporations are domiciled in, and therefore a citizen of, the state or states where they:
- Are incorporated, and
- Have their principal place of business.
The first is easy to determine by simply looking at the company’s corporate charter. The second can be a surprisingly intensive factual investigation.
Diversity jurisdiction provides a neutral venue for disputes that cross state lines. If these claims could not be removed to federal court then it would create the perception that whichever state heard the case would favor the party that calls that state its home.
Federal Question Jurisdiction
Litigation can get into federal court under the court’s federal question jurisdiction if the cause of action arises under federal law. It arises under federal law if it implicates:
- The United States Constitution
- A federal statute, like the Securities and Exchange Act of 1934
- A federal regulation, like the Securities and Exchange Commission’s (SEC) Rule 10b-5 (17 C.F.R. § 240.10b-5)
It is up to the plaintiff in the case to convince the district court judge, in their complaint that initiates the litigation, that there is a federal question to resolve.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Types of Civil Litigation that Often Gets Resolved in Federal Courts
Some of the most common types of cases to get resolved in federal litigation due to the residencies of the parties being diverse are:
- Breach of contract
- Partnership disputes
- Securities fraud allegations
- Healthcare fraud claims
- Violations of non-compete agreements
- Misappropriation of corporate funds
- Shareholder disputes
- Breach of fiduciary duty
- Embezzlement
- Personal injury claims
- Mass tort claims, under the authority of the Class Action Fairness Act (CAFA)
Some of the most common disputes handled by our federal litigation attorneys that make it into federal court based on federal question jurisdiction include:
- Civil rights lawsuits, including those implicating:
- Free Speech rights
- The prohibition against the government establishing a state religion
- Free Exercise rights
- Right of Assembly
- The Right to Bear Arms
- The Right to Due Process
- Environmental claims that implicate laws or regulations promulgated by the U.S. Environmental Protection Agency (EPA)
- Private rights of action under federal:
- Securities laws
- Aviation laws
- Transportation laws
- Corporate laws, such as the Sarbanes-Oxley Act or the Dodd-Frank Act
- Computer crime, such as hacking and data breaches
- Employment discrimination cases that implicate Title VII of the Civil Rights Act of 1964
- Education discrimination cases implicating Title IX of the Education Amendments of 1972
- Bankruptcy cases
- Intellectual property cases, including those alleging:
- Trademark infringement or dilution
- Copyright violations
- Patent law violations
These are just a few of the types of lawsuits that can go through federal courthouses in the U.S. Our team has substantial experience handling complex civil litigation in federal court.
How Federal Litigation is Different
The subject matter of federal litigation can be different from state court cases, though not always: Some types of lawsuits, such as those concerning alleged employment discrimination, can implicate both state and federal laws and be litigated in either state or federal courthouses.
The main difference between state and federal litigation tends to be the enormity of the stakes. Cases involving questions of federal law can have implications across the country and alter the trajectories of countless individuals and businesses in the United States. Cases in federal court on diversity jurisdiction must be over a threshold amount and often involve interstate commerce of some sort.
Another big difference is the formality and relative expertise that you find in the federal judicial system. State court judges are generally elected to their positions, so poor credentials and a lack of experience do not always keep them from winning the race to become a judge. Federal judges, on the other hand, are appointed by the U.S. President and confirmed by the U.S. Senate. While possibly more political of a process than even an election, the vetting that all sitting federal judges have gone through has been extensive and thorough. Additionally, the funding and personnel that you find in the federal justice system makes even the best funded state system pale in comparison.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Frequently Asked Questions About Oberheiden P.C. and Federal Litigation
What Does it Mean to Be a National Law Firm?
Being a national law firm means that Oberheiden P.C. practices across the country. While we are headquartered in Texas, we employ local, experienced counsel in nearly every state and every major city in the United States. No matter where you are located or have legal needs or concerns, one of our attorneys is nearby and can help you work things out.
Where Does Oberheiden P.C. Practice Law?
Across the country. Our law firm’s headquarters are in Texas, in Houston and Dallas, but we have satellite law offices in 44 states and nearly every major city in the country. Wherever you are, we can help.
What Sets Oberheiden P.C. Apart from Other Federal Litigation Firms?
There are several things that make Oberheiden P.C. different than other law firms that practice federal litigation.
First and foremost, our firm is packed with attorneys and investigators who only came to our offices after long careers inside some of the biggest and most important federal agencies, including the:
- Department of Justice (DOJ)
- Federal Bureau of Investigation (FBI)
- Securities and Exchange Commission (SEC)
That prior experience in federal law enforcement has given many of our attorneys lots of experience in handling federal issues and navigating federal courthouses.
Equally important, though, is the fact that Oberheiden P.C. only employs senior-level lawyers on its staff. No junior associates or even any paralegals. This, we think, greatly enhances the legal representation that we provide for our clients.
When you hire a different law firm, the partner or senior associate whose experience attracted you to the firm will not do all of the work on your case. Instead, he or she will delegate much, if not all, of the work on your case to junior associates or paralegals in the firm who have far less experience handling these issues. While the senior associate will assure you that they are overseeing the case, the fact is that they are overseeing lots of cases. Furthermore, as anyone who has ever delegated work to someone with less experience will know, things often get missed because the person who initially did the work is not intimately familiar with doing it.
This does not happen at Oberheiden P.C. When you hire us, all of the work is done by an experienced legal professional.
Why Doesn’t Oberheiden P.C. Call Itself the Best Federal Litigation Law Firm?
Because we think that this is something that is better said by our former clients. Read the testimonials that they have left about our firm.
Federal Litigation Lawyers at Oberheiden P.C.
The federal litigation team of attorneys at the national law firm Oberheiden P.C. represent both plaintiffs and defendants in federal courts across the country. Contact them online or call their national hotline at (888) 680-1745 for effective and experienced legal representation.
