Can tort liability cases be tried in federal courts?

Hello.

Some tort liability can be and are tried in federal courts.

Basically, the federal court system handles two types of cases: (1)
cases involving federal law; and (2) cases involving diversity of
citizenship.

As explained on the web site of U.S. Court system:

" In general, federal courts may decide cases that involve the United
States government, the United States Constitution or federal laws, or
controversies between states or between the United States and foreign
governments. A case that raises such a "federal question" may be filed
in federal court. Examples of such cases might include a claim by an
individual for entitlement to money under a federal government program
such as Social Security, a claim by the government that someone has
violated federal laws, or a challenge to actions taken by a federal
agency.
A case also may be filed in federal court based on the 'diversity of
citizenship' of the litigants, such as between citizens of different
states, or between United States citizens and those of another
country. To ensure fairness to the out-of-state litigant, the
Constitution provides that such cases may be heard in a federal court.
An important limit to diversity jurisdiction is that only cases
involving more than $75,000 in potential damages may be filed in a
federal court."
http://www.uscourts.gov/understand02/content_4_0.html

Most tort cases (personal injury, products liability, etc.) do not
involve federal law, and, as such, would not qualify for the federal
court system on this basis. However, a few tort cases do qualify on
this basis. Certain product liability claims, such as some vaccine
injury cases, occasionally involve federal law. These cases may be
tried in the federal court system, specifically the United States
Court of Federal Claims. See the web site of the US Court sytem:
http://www.uscfc.uscourts.gov/USCFChistory.htm

More commonly, though, a tort case would end up in the federal court
system because of "diversity of citizenship." As mentioned above, this
means that the dispute is between citizens of two different states or
between a U.S. citizen and a citizen of a foreign country. All sorts
of tort liability cases end up in federal court on this basis.

Here a couple examples:

Bradford v. Bruno's Inc (1995). This was a basic tort case
(slip-and-fall at a grocery store) that was tried in federal court. It
was "a diversity jurisdiction lawsuit Stephen Bradford filed against
Bruno's, Inc., as a result of a slip and fall at a grocery store in
Alabama."
http://www.law.emory.edu/11circuit/jan95/94-6175.html

Danbury Printing and Litho Inc. v. Heidelberg North America (1999)
This was tort case (products liability) that also ended up in federal
court based upon diversity of citizenship. "Plaintiff initiated a
products liability suit against Defendants in federal court based on
diversity of citizenship."
http://www.law.cornell.edu/ny/ctap/comments/i99_0040.htm

In short, some tort liability cases can be tried in federal court.
However, if the case doesn't qualify as either a federal question case
or a diversity case, it belongs in state court.

search strategy: federal court, jurisdiction, "diversity of
citizenship"

Note the disclaimer below. This answer is intended as general
information and is not a substitute for professional legal advice.

I hope this helps.

---

Clarification of Answer by juggler-ga on 16 Nov 2002 13:36 PST

That first sentence should have read:
"Some tort liability cases can be..."

In a diversity case, there must be complete diversity of citizenship,
which is to say that all of the persons on one side of the 'v' must be
from different states that those on the other side of the 'v'.

That is to say, that a resident of New York + a person from California
could sue a person from Michigan.  BUT a group comprising citizens
from Ohio, Alabama and Mississippi could not sue a group comprising
citizens from New York, Mississippi and California.

The other consideration is that the amount in controversy must exceed
$70,000.  If not, then it cannot come into federal court.

Even if the case is filed in state court, if it meets the above
qualifications, the non-resident of the state in which the case is
filed can have the case "removed" to federal court.

The theory for diversity jurisdiction is to limit the abilities of
"homers", which is to say that if a cause would be prejudiced by being
heard in the state court of the state in which the plaintiff is
located, the ground can be levelled by having the matter heard in a
federal court which, in theory, would be more impartial.

In the diversity case, the court would apply the laws of the state -
in this sense there is no federal common law.

So, if your case has an amount that is above $70,000 and the other
party or parties reside in a different state than you, then you can
file in federal court.

weisstho-ga

The comments of weisstho-ga, while helpful, are inaccurate with
respect to the amount in controversy requirement. As indicated in my
answer above, the amount in controversy requirement for diversity
jurisdiction is $75,000.
For more information, see 28 United States Code Section 1332(a), on
the web site of Cornell University:
http://www4.law.cornell.edu/uscode/28/1332.html