Litigating Employment Discrimination Claims: Filing in State vs. Federal Court
Evaluating Substantive and Procedural Advantages and Risks of Each Venue for Plaintiffs and Defendants
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will guide employment litigators in determining whether to pursue or defend employment discrimination cases in state or federal court. The panel will discuss the advantages and risks for plaintiffs and defendants of litigating Title VII cases in each venue.
Outline
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Procedural considerations
- Logistical requirements and local practice considerations
- Removal and remand
- State versus Federal Discovery Rules
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Evidentiary considerations
- Summary judgment standards in Federal and State courts
- Differences between Federal and State discrimination statutes
- Federal and State case law trends and developments
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Practical considerations
- Case-specific considerations
- Client-specific considerations
Benefits
The panel will review these and other key questions:
- What are the primary advantages the defendant employer has in federal court? Conversely, what are the main advantages in state court?
- What are the main advantages the plaintiff employee has in federal court? When is state court a better venue for the plaintiff employee?
- What considerations should defense counsel take into account when deciding whether to seek removal of a case from one venue to another?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Alex S. Drummond
Partner
Seyfarth Shaw
Mr. Drummond represents management in employment litigation matters before state and federal courts, at trial and... | Read More
Mr. Drummond represents management in employment litigation matters before state and federal courts, at trial and appellate levels, as well as federal and state agencies, including the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. He has extensive experience defending multi-plaintiff discrimination/harassment cases, class and/or collective actions, as well as lawsuits initiated by the EEOC.
CloseTrina Fairley Barlow
Partner
Crowell & Moring
She represents and advises employers on virtually every federal employment discrimination law and numerous other state... | Read More
She represents and advises employers on virtually every federal employment discrimination law and numerous other state and federal laws that regulate the employment relationship. She has successfully handled cases in all phases of litigation before federal and state courts, administrative agencies and various other tribunals. She stays abreast of the latest employment law developments and is frequently invited to speak and write on emerging employment law topics and trends.
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