Legal Opinion

Marla Menendez v. Wal-Mart Stores, Inc., et

Court of Appeals for the Fifth Circuit

Decided February 1, 2010No. 09-40993UnpublishedCited by 12 opinions

1Opinion of the Court

PER CURIAM: *

This is an interlocutory appeal from an order denying the plaintiffs’ motion to remand and granting the defendants’ motion to amend their notice of removal to federal court. We AFFIRM.

I. Background

This case arises from the death of Humberto Gustav Menendez. Mr. Menendez was fatally injured in Gas City, Indiana, while operating a lift (“the JLG lift”) on a project to build a Wal-Mart Distribution Center. Marla Menendez, the daughter of the deceased, brought this action individually and as the personal representative of Mr. Menendez’s estate in the 93rd Judicial District Court in…

2Cases cited23 opinions

  1. Acuna v. Brown & Root Inc.Court of Appeals for the Fifth Circuit · 2000
  2. Kelli Smallwood v. Illinois Central Railroad Company Mississippi Department of TransportationCourt of Appeals for the Fifth Circuit · 2004
  3. Greater Houston Transportation Co. v. PhillipsTexas Supreme Court · 1991
  4. Barbara Allen v. R & H Oil & Gas Company, Farrar Oilfield Service and Equipment Co., and Tri-State Oil Services, Inc., Tri-State Oil Services, Inc.Court of Appeals for the Fifth Circuit · 1995
  5. Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988

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3Cited by12 opinions

  1. Merchants Automotive v. Advantage OpcoDistrict Court, D. New Hampshire · 2014
  2. Baton Rouge Ventures, LLC v. Cedar Grove Capital, LLCDistrict Court, M.D. Louisiana · 2025
  3. Cambridge Rental Properties LLC v. State Farm Fire and Casualty CompanyDistrict Court, E.D. Louisiana · 2024
  4. Fadi George v. Merrill Lynch, Pierce, Fenner & Smith IncorporatedDistrict Court, W.D. Texas · 2026
  5. Geronimo Jose Cabello v. QPS Flint, LLC, Alfredo Rodriguez Betancud, Individually and as Representative of QPS Flint; and D.L. Peterson TrustDistrict Court, W.D. Texas · 2026

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