New York Civil Litigation Attorney Defends Clients in Federal & State Court
Rochester lawyer represents civil defendants in United States courts
Since most civil lawsuits are handled in state courts, the majority of practicing attorneys never even enter federal court. If you are involved in a dispute where federal jurisdiction applies or a federal case has been brought, you need an attorney who is more than simply acquainted with U.S. law and federal rules of procedure. At Cerulli, Massare & Lembke, I defend cases in the federal court system. I understand the many nuances, advantages and disadvantages of federal court, and am prepared to represent you in all civil matters.
Knowledgeable attorney advises on federal court jurisdiction
Not every case can go to federal court. This is because the court only has the power to hear certain cases. This power is known as jurisdiction. Federal jurisdiction can be extremely complex, but most of the civil cases that end up in federal court fall into the following categories:
- Diversity. The parties live in different states
- Federal question. There is an issue of constitutional law or federal law that a court must rule on to decide the case
- Suing a federal entity. The case involves the government
- Admiralty. The dispute involves issues of maritime law arising from an incident on navigable waters
I regularly defend federal claims on behalf of my clients.
Skilled advocate works to keep your case in the proper court
Some civil lawsuits can be heard in federal court and others can be transferred there (removed). Federal court may offer the plaintiff:
- More favorable discovery rules
- Judges more experienced with complex cases
- A more favorable forum
- Favorable precedent binding on the court
- The right to jury trial for specific cases
- Speedier trial
- A broader jury pool
I work with you to determine whether state or federal court offers more advantages in your case. I then work to try to remove or remand your case as necessary so that it is heard in the appropriate court system.
Skillful New York defense attorney provides strong advocacy
The best way to deal with civil litigation is to establish a relationship with a law firm that will help you avoid it. I advise you on how to establish sound practices and draft strong contracts to protect you. If you are facing a lawsuit, I create a strong response within the limited legal timeline. I arrive at the best negotiated solution, or go to bat for you at trial. I also help business owners navigate the court system and avoid some of the inherent disadvantages in the defense of these types of suits.
Dedicated counselor works with clients to manage costs
I partner with clients to manage litigation costs. My goal is to strengthen your bottom line with prompt and cost-effective attention to each case. To save on costs, defense counsel can shift the burden of the cost of discovery to the plaintiff, among other tactics. I recognize and appreciate the need for prompt investigation and assessment of claim exposure, and a preemptive, decisive and aggressive defense without losing sight of the goal of controlling the cost of claims.
Contact an established and successful federal litigation defense attorney
To schedule a with a seasoned federal court defense attorney from Cerulli, Massare & Lembke, call 585-454-3323 or contact the firm online. My office is conveniently located in Rochester and represents clients throughout New York.