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· 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 CourtListener

Sourced 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.