by Robert E. Bettac, Ogletree Deakins, San Antonio
“You have been sued.” When employers first read these words and realize the lawsuit launched against them is in a state court, most Texas employers—indeed, most employers—make it their first order of business to get the case moved to a federal court.
Why? Defense attorneys cite various advantages to be gained from such a change, which is known as removal. Among them:
- The thoroughness with which federal judges tend to examine the issues raised by the parties
- Increased likelihood of decisive action by the federal bench on motions filed by the parties, particularly motions that would dispose of the case without the need for trial.
In addition, many employers feel they will get a better shot at winning the case in front of a judge who is a lifetime appointee rather than a state court judge serving a limited term. And federal juries tend to be pulled from a larger geographica...(register to read more)