Clients often ask whether it's better to file a lawsuit in state or federal court.

The answer is that, "It depends."

In plaintiff side employment cases, California law under the Fair Employment and Housing Act is more generous to plaintiffs with respect to certain types of damages claims than under Title VII, and sometimes it may be beneficial to file a claim in state court. 

State court judges are also considered to be more "plaintiff friendly" than federal judges, but I would hesitate to characterize state judges in such a broad manner.

In defense work, it is true that we try and look for ways to remove a case to federal court. 

Sometimes, the laws at issue require a specific venue. In copyright cases, for example, federal law requires that a federal court hear the claim. 

Federal court tends to be cheaper than state court, and because it is better funded, it is generally more organized. But judicial officers in both systems care more about the strength of the claim than anything else. And of course, whether they will be overturned on appeal.

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