· 1/30/1997
Gwyn v. Wal-Mart Stores, Inc.
Citations
- 955 F. Supp. 44
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a mere claim for punitive and compensatory damages in excess of $10,000 is speculative
- concluding that the removing defendant failed to meet its “evidentiary burden” where its proffer of amount in controversy “[wa]s based on speculation, not fact”
- stating that the Fourth Circuit has not adopted a specific rule for determining the amount in controversy for jurisdictional purposes
- noting that the plaintiff’s stipulation is “simply the first evidence of the value of the claim”
- finding that the plaintiff’s post-removal stipulation was the “first evidence of the value of the claim”
- stating that “[i]n trying to settle a claim, counsel naturally will try to inflate its value. Such ‘puffing’ cannot be taken as evidence of the amount in controversy.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bullock
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.