The trial is set to begin this month in a Federal district court.
Her case was dismissed by a Federal district court last year.
As a result, more cases have been going to trial in Federal district courts.
Several Federal district courts had reached the same conclusion earlier.
He was the first black person to be deputy clerk of a Federal district court.
The Federal district court that heard the case sided with the state.
The board's decisions can then be appealed to a Federal district court, the spokesman said.
Patients can pursue their claims through several levels of review leading ultimately to a Federal district court.
The report laments the 282,000 cases filed in Federal district courts last year.
Only a handful of other Federal district courts across the country have such discretionary rules.