Federal Court Representation in Rhode Island, Massachusetts, and New Jersey

There are two main reasons a civil case ends up in federal court: the dispute arises under federal law or the Constitution (federal question jurisdiction, 28 U.S.C. § 1331), or every plaintiff is a citizen of a different state from every defendant and more than $75,000 is at stake (28 U.S.C. § 1332). Beyond those requirements, federal court can offer strategic advantages like a jury drawn from a wider area and procedural tools that aren’t available in state court. We assess the forum question at the outset of every civil engagement.

Yes. If the case meets the requirements for federal jurisdiction, a defendant can remove it by filing a notice of removal within 30 days after being served. A removed case can be sent back to state court if it doesn’t belong in federal court, and a remand motion based on a procedural defect must be filed within 30 days of removal. We handle both removal and remand disputes and advise on which forum is more advantageous for the specific matter.

Federal civil cases operate under the Federal Rules of Civil Procedure, which differ from state procedural rules in discovery timelines, motion practice, and case management. Federal judges generally manage their dockets more actively than state judges, discovery disputes are handled differently, and the pace of litigation tends to be faster. We are admitted in the U.S. District Courts for Rhode Island, Massachusetts, and New Jersey and practice in federal court regularly.

Civil RICO, 18 U.S.C. § 1964(c), allows a person injured in their business or property to sue for treble damages and attorney’s fees when the defendant conducted an enterprise’s affairs through a pattern of racketeering activity. Qualifying predicate acts include wire fraud, mail fraud, money laundering, and extortion, among others. Civil RICO is powerful when the facts support it, but courts scrutinize it closely.

Yes, if there are preserved legal issues worth pursuing. Appeals from federal courts in Rhode Island and Massachusetts go to the First Circuit, and appeals from New Jersey go to the Third Circuit. The notice of appeal is generally due within 30 days of judgment. Legal questions are reviewed de novo, a judge’s factual findings for clear error, and discretionary rulings for abuse of discretion. We review the record and advise whether the grounds are strong enough before recommending an appeal.

Not with us. We are admitted in Rhode Island and Massachusetts state courts, in the U.S. District Courts for Rhode Island, Massachusetts, and New Jersey, and in the U.S. Courts of Appeals for the First, Second, and Third Circuits. If a matter moves between these state and federal courts, or involves parallel proceedings in both, the same team handles it. You don’t start over with new counsel in the transition.

Generally 21 days after you are served with the summons and complaint. If you agreed to waive formal service, you generally have 60 days from the date the waiver request was sent (Fed. R. Civ. P. 12(a)(1)(A)). A motion under Rule 12 can change that timing (Fed. R. Civ. P. 12(a)(4)).

Generally 30 days after the judgment or order is entered, or 60 days when the United States or a federal agency or officer is a party. The notice of appeal is filed with the district court clerk (Fed. R. App. P. 4(a)(1)). The district court can extend the time only on a motion filed no later than 30 days after the deadline passes, with a showing of excusable neglect or good cause (Fed. R. App. P. 4(a)(5)(A)).