Within North Carolina there are two court systems – federal and state. North Carolina state courts are “courts of general jurisdiction” whereas the federal courts only have jurisdiction over certain kinds of disputes. Whether you are considering filing suit in federal court, or have received a summons to respond to a complaint, the Raleigh federal litigation attorneys of Maginnis Howard can help. For assistance with cases in the Eastern District of North Carolina or Middle District of North Carolina, call the firm at (919) 526-0450. New case inquiries can be sent using our contact page.
While understanding federal jurisdiction takes an entire semester of law school, there are two common kinds of jurisdiction exercised by the federal courts – “diversity jurisdiction” and “federal question jurisdiction.” Diversity jurisdiction exists when the Plaintiff and Defendant have different states of residency and the amount in controversy exceeds $75,000.00. For instance, if a Pennsylvania citizen driving in North Carolina is “T-Boned” in a serious automobile accident that causes over $100,000.00 of medical bills, then he may choose to sue in federal court or state court. Federal question jurisdiction can be a tricky area, but the simplest way to explain it is that the federal courts can hear a case when it involves a violation of the United States Constitution, a federal statute, or a treaty to which the United States is a party.
All practicing North Carolina attorneys must be admitted and in good standing with the North Carolina State Bar, but not all attorneys licensed with the State Bar actively practice or are admitted to practice before the federal courts. The attorneys of Maginnis Law do actively practice in federal court. Maginnis Law partner Edward Maginnis is admitted to practice before the Federal District Court for the Eastern District of North Carolina, Middle District of North Carolina, District of Columbia, and Eastern District of Virginia. Associate attorney Shawn Howard is admitted to practice before the Eastern District of North Carolina.
The Raleigh law office of Maginnis Law does not charge for consultations, and is able to offer a number of fee arrangement, including hourly, flat rate, contingency, or a combination of any of these. To speak with a federal court litigation attorney regarding your case, call the firm at (919) 526-0450 or send a new case inquiry here. We regularly represent clients from Raleigh, Durham, Chapel Hill, Fayetteville, Cary, Morrisville, Apex, the surrounding Triangle area, and the rest of eastern North Carolina.
