Legal Opinion
Benjamin v. Wal-Mart Stores, Inc.
District Court, D. South Carolina
Decided February 9, 2006No. C.A. 9:05-3406-PMD, 9:05-3407-PMDPublishedCited by 15 opinions
1Opinion of the Court
ORDER
DUFFY, District Judge.
This matter is before the court on Plaintiffs’ Motion to Remand pursuant to 28 U.S.C. § 1447(c). Plaintiffs claim that complete diversity of citizenship is lacking because Defendants Doug Stuckey and John Doe are residents of South Carolina, as are Plaintiffs. Defendants contend that Stuckey and Doe are fraudulently joined and, therefore, that removal is proper. For the reasons set forth herein, Plaintiffs’ motion is denied.
I. FACTS
On February 10, 2005, Margaret Benjamin slipped on loose bird seed lying on the floor of the pet department at the Wal-Mart store in…
2Cases cited17 opinions
- Graham v. WhitakerSupreme Court of South Carolina · 1984
- Charleston Dry Cleaners & Laundry, Inc. v. Zurich American InsuranceSupreme Court of South Carolina · 2003
- Wintersteen v. Food Lion, Inc.Supreme Court of South Carolina · 2001
- Aids Counseling & Testing Centers v. Group W Television, Inc.Court of Appeals for the Fourth Circuit · 1990
- Cowburn v. LeventisCourt of Appeals of South Carolina · 2005
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Toney v. Lasalle Bank National Ass'nDistrict Court, D. South Carolina · 2014
- Bryant v. Hodges Management Company IncDistrict Court, D. South Carolina · 2021
- Curry v. Omni Hotels Management CorporationDistrict Court, D. South Carolina · 2022
- Donaldson v. Walmart Stores IncDistrict Court, D. South Carolina · 2020
- Drescher v. Sodexo Operations, LLCDistrict Court, D. South Carolina · 2024
10 more not listed; retrieve them via the Exa API.