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| Rogers v. Wal-Mart Stores, Inc. | |
|---|---|
 | |
| Court | United States Court of Appeals for the Sixth Circuit |
| Full case name | Shirley K. Rogers v. Wal-Mart Stores, Inc. |
| Argued | September 13, 2000 |
| Decided | October 26, 2000 |
| Citation | 230 F.3d 868 |
| Case history | |
| Prior history | Motion to remand denied by U.S. District Court for the Western District of Tennessee, June 23, 1999 |
| Court membership | |
| Judges sitting | Ralph B. Guy Jr., Karen Nelson Moore, David D. Dowd, Jr. (N.D. Ohio) |
| Case opinions | |
| Majority | Dowd, joined by a unanimous court |
| Laws applied | |
| 28 U.S.C. § 1441 | |
Rogers v. Wal-Mart Stores, Inc., 230 F.3d 868 (6th Cir. 2000), was a case decided by the 6th Circuit that held that remand to a state court cannot be achieved after removal to a federal court by lowering the damages sought to fall below the amount in controversy requirement.
Decision
The plaintiff sued Walmart in state court for a state law negligence action, seeking $950,000 in damages. Pursuant to 28 U.S.C. § 1441, the defendant removed to federal court on the basis of diversity jurisdiction. The plaintiff reduced the damages sought to less than $75,000 and petitioned for remand to state court because the amount in controversy requirement was no longer met. The 6th Circuit upheld a denial of the petition for remand, holding that the amount in controversy at the time of removal was what mattered.
References
- Rogers v. Wal-Mart Stores, Inc., 230 F.3d 868 (6th Cir. 2000).
- Yeazell, S.C. Civil Procedure, Seventh Edition. Aspen Publisher, New York, NY: 2008, p. 218
- 28 U.S.C. § 1441
- Yeazell, p. 218
External links
- Text of Rogers v. Wal-Mart Stores, Inc., 230 F.3d 868 (6th Cir. 2000) is available from: CourtListener Findlaw Justia OpenJurist Google Scholar
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