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Fax: (727) 362-4794
"Litigation and dispute resolution for business and individuals since 1970."
 

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--PRACTICE AREAS--
  Internet Libel
  Personal Injury
  Wrongful Death
  Hearings Before Governmental Agencies
  Business Litigation
  Professional Negligence
  Tax Shelter Fraud and Negligence
  Civil Appeals, State and Federal
  Real Estate Litigation
  Civil RICO
  Military Law
  Federal Civil Litigation
  Social Security Disability

-- ADMITTED TO--
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for Northern District and Middle District of Georgia
  • U.S. Court of Military Appeals, now known as U.S. Court of Appeals for the Armed Forces
  • Supreme Court of Georgia
  • Court of Appeals of Georgia
  • All Georgia Superior and State Courts

Federal Civil Litigation
Federal Civil Litigation involves civil cases that are in the United States District Court. In Georgia, we have three districts: Northern, Middle, and Southern Districts. The first type of jurisdiction over these cases is because all the parties on one side are citizens of States different from the States of the citizens on the other side. This is called diversity of citizenship jurisdiction. The other type of jurisdiction for a civil case in federal court is when the case has been brought under a federal statute allowing a civil suit, which is called federal question jurisdiction. Mr. Eastwood has handled hundreds of cases in federal district court, for both plaintiffs and defendants depending on the type of case.

The experience and knowledge involved by our office in these cases is shown by the fact that we have over eighty (80) published opinions in federal cases. It is noteworthy that the court decides which cases are published because the courts decide which cases involve interesting or unique issues of law that will be instructive or illustrative for lawyers and courts. This is a level of experience and legal knowledge that is uncommon in the legal community.
View our extensive list of published cases. click here
Frequently Asked Questions

Q: If I live in Georgia and the lawsuit is against somebody in South Carolina, is that enough for a federal civil case?
A: No. Assuming the case is not under a federal statute, diversity of citizenship jurisdiction still requires the amount involved to be in excess of $75,000. If your case is for an amount less than that, the federal court will dismiss the case, and your case will need to be filed in state court.

Q: What if I file my case in state court against a defendant from another state, even though the amount involved is over $75,000?
A: The defendant could remove the case to federal court under a special statute providing that out of state defendants can remove cases in this circumstance.

Q: What if a federal employee, while driving a government car on business, has a wreck and injures me? Can I sue in state court?
A: Yes. However, if the federal driver turns the case into his federal agency, and if they certify to the US Department of Justice that he was in the course and scope of his employment (which they usually do), the United States Attorney will remove the case to Federal District Court under Federal Question Removal Statute.

Q: Why would I need a lawyer experienced in Federal cases just because the case is in Federal Court?
A: There are different rules and procedures in Federal Court, which can be strictly applied. If the lawyer that filed the court in state court is not familiar with federal procedures, but the case is removed, he or she may or may not be familiar with all the time deadlines for filing different types of reports, rules regarding discovery in Federal Court, and other matters which could adversely affect your case.

Q: Would my attorney fee be different for a case in federal court rather than state court?
A: No. If you are the defendant in the case or your case involves a business dispute, often the attorney fee is based on hourly rate. If your case involves personal injury or damages claims, your fee would still be that normally set in state court for personal injury, contract, business litigation, or the like. These include both hourly rate fees and contingency fees. This would be determined after consultation with the lawyer in office.

 

Contact us so that we may help you with your Federal Civil Litigation issues.

 
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