Digital Library: Protecting Federal Claims by Using State Courts

By: Carolyn Carter

June 26, 2023 — Article

This article describes advantages and tactics in initiating federal claims in state court and then details a key resource when federal claims are litigated in state court—a just-updated, state-by-state analysis of state court standing rules with a focus on consumer claims. A make-or-break question in much consumer litigation today is: if a case is likely to fail to meet current federal court standing requirements, and instead is litigated in state court, will it meet state court standing requirements?

The article also explains why federal court standing requirements do not apply to federal claims in state courts and lists advantages and disadvantages of litigating in state courts. Of course, the necessity of bringing a federal claim in state court will depend on whether the federal claim is likely to meet Article III standing requirements, and this article’s last section identifies resources to determine if the facts of a particular case as applied to a specific federal statutory violation risk such dismissal.