Articles

Why Attorneys Will Not Be Going To Federal Court With Your Claims

An employment attorney usually has a choice of where to file his client’s civil rights claims. He can file in state court, in one of the various judicial districts, or he can file it in the federal court for the district of Connecticut. Many times, it is a legal tactical decision.

However, with the discovery changes contemplated for federal court litigation, in addition to the tendency for federal judges to “try” the case at summary judgment, the dismal chances of successfully litigating a case in federal court will probably sway more attorneys to file in state court.

For example, proposed changes to the Federal Rules of Civil Procedure contain restrictive and limiting provisions that make federal practice much more difficult. These proposed changes include changing the time for service upon a defendant from 120 days to 60 days, limiting the number of depositions that may be taken and the duration of each deposition and reducing the number of interrogatories (written requests for information) from 25 to 15.

Further, because federal court judges are prone to dismiss cases and not allow them to proceed to juries, the employment anti-discrimination laws have been “gutted.”

That was the word Judge (retired) Nancy Gertner used in her article, “The Virtual Repeal of Kennedy-Johnson Administrations’ ‘Signature Achievement” in Huff Post College article dated November 27, 2013.

Judge Gertner, who teaches at Harvard Law School, writes, “Federal judges from trial courts to the Supreme Court have interpreted the Civil Rights Act virtually, although not entirely, out of existence. This is so across judicial philosophies, across the political spectrum and even across presidential appointments.”

“Women, minorities, people over forty and the disabled bring discrimination cases only to lose in overwhelming numbers. So little do the judges think of discrimination claims that they rarely allow them to get to a jury at all. Federal courts have legitimized practices that would have horrified the early supporters of the Act.”

Judge Gertner then cites a disturbing statistic. She states that 60 per cent of motions dismissing the case on summary judgment are granted nation-wide, but that figure jumps from 75 to 95 percent in employment discrimination cases.

In its litigation, the Busca Law Firm has lost certain claims on summary judgment in federal court, but has never completely lost on summary judgment, dismissing the case from going forward to a jury. If you have an employment issue, consult with a knowledgeable and experienced employment attorney.