[Wallace T.]

OK, for sake of argument, assume a victim moves from California, where the mutilation occurred, to Wyoming or Oklahoma after achieving adulthood. It is likely the Federal bench is more conservative in those states than in California. The victim could certainly claim more than $75,000 in damages. However, would a Federal judge, even a conservative one, tell the victim that the case must first be adjudicated in the California state courts?

[FLT-bird]

No. It does not have to be adjudicated in California. The plaintiff would be a resident of that other state. He/She could sue THERE in federal court. They don’t have to sue where the defendant is. Obviously the defendant will file for a change of venue to move the case to where they are but the plaintiff will fight it and it is by no means sure that the court will grant the motion for a change of venue. Those are granted only 30-50% of the time.

Even if the defendant does get a change of venue, federal courts tend to be a lot less biased than state courts.