Federal Trials

The federal trial lawyers at Michael P. Fleming & Associates, P.C. handle complex civil litigation and constitutional cases before the federal courts of the United States. Michael P. Fleming is licensed to practice before the federal district courts for the Southern District of Texas, the United States Court of

Supreme Court

Appeals for the Fifth Circuit and the Supreme Court of the United States. He has tried numerous civil jury trial cases in the federal trial courts and handled appeals in the federal court of appeals. Michael P. Fleming is licensed by the U.S. Supreme Court and is also one of the very small percentage of attorneys in the entire country to have argued and won a case before the Supreme Court of the United States of America in Washington, D.C.

Why were you sued in federal court?

Most lawsuits filed in this country are filed and litigated in the local state courts.  If you were served with a complaint filed in a federal court you might wonder why that court is the proper forum for resolution of your dispute.  Jurisdiction of the federal court system depends upon they type of lawsuit that has been filed.  The two most common basis for federal court jurisdiction include diversity of citizenship and cases involving a federal question:

  • Diversity of Citizenship.  When citizens of different states are involved in a lawsuit with a matter in controversy exceeding $75,000.00, the case can, but does not have to be, filed in the federal court where the plaintiff is located.  Often, litigants file a lawsuit in their home state (assuming there is jurisdiction) and then serve their out of state defendant with the complaint.  When this happens, in many cases the defendant has the option to have the case “removed” to the local federal court.  The law allows this to avoid a defendant from having to defend a lawsuit in a foreign state in which they are not residents.  Presumably, the local federal court system is more impartial than the local state court judges.  If you have been served with or have notice of a lawsuit filed against you in an other state, you have a limited time to seek a removal of the lawsuit to the federal system so it is imperative that you contact a federal court lawyer as soon as possible when this happens.

 

  • Federal Question. Federal courts also have jurisdiction to handle lawsuits involving a “federal question” regardless of the amount in controversy.  A federal question means that the lawsuit will involve the enforcement or interpretation of a federal regulation, law or the Constitution of the United States.  Many cases involving federal questions include, civil rights claims, employment matters, EPA claims and any lawsuits brought by the government or its various agencies.
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Supreme Court of the US

Michael P. Fleming arguing a federal court case before the Supreme Court of the United States

Michael P. Fleming has vast experience as a federal trial lawyer trying civil cases in the federal trial courts including many high-profile trials in the Houston Division. He has handled federal cases involving:
Sexual Harassment Defense Claims, Constitutional Claims, Defense of Family Medical Leave Act Claims, First Amendment Claims, Inadequate Medical Care Claims, Wrongful Death Claims, Wrongful Arrest Claims, Excessive Force Claims, Civil Litigation Cases, Fair Labor Standards Act, Breach of Contract, Environmental Claims Defense, Death Claims,  and Business Claims.  If you have been served with a federal lawsuit complaint, do not delay in hiring an attorney to file an Answer.