Legal Opinion
Martin v. Wal-Mart Stores, Inc.
District Court, D. New Jersey
Decided April 30, 2010No. Civil Action 10-2053 (RMB/AMD)PublishedCited by 21 opinions
1Opinion of the Court
OPINION
BUMB, District Judge:
This matter comes before the Court upon its own motion. Relying upon diversity of citizenship to establish federal subject-matter jurisdiction, defendant Wal-Mart Stores, Inc. (the “Defendant”) removed this slip-and-fall case upon its allegation that the amount-in-controversy requirement is satisfied by virtue of its adversary’s refusal to cap its recovery below $75,000. As the Court has received a number of removal notices alleging diversity of citizenship on similar grounds, it takes this opportunity to opine that allegations similar to that propounded here do…
2Cases cited15 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Frederico v. Home DepotCourt of Appeals for the Third Circuit · 2007
- Hall v. ColeSupreme Court of the United States · 1973
- Guglielmino v. McKee Foods Corp.Court of Appeals for the Ninth Circuit · 2007
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Liberty International Underwriters Canada v. Scottsdale InsuranceDistrict Court, D. New Jersey · 2013
- Atanasio v. O'NeillDistrict Court, E.D. New York · 2017
- Portillo v. National Freight, Inc.District Court, D. New Jersey · 2016
- Tait v. PowellDistrict Court, E.D. New York · 2017
- APPLETON v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANYDistrict Court, W.D. Pennsylvania · 2025
16 more not listed; retrieve them via the Exa API.