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· 3/10/2004

Michelle Hodge v. Wal-Mart Stores, Incorporated

Citations

  • 360 F.3d 446
  • 64 Fed. R. Serv. 200
  • 2004 U.S. App. LEXIS 4580
  • 2004 WL 434011

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that even when a federal court sits in diversity jurisdiction “the decision to impose . . . a sanction [for spoliation of evidence] is governed by federal law”
  • requiring plaintiff to show that defendant knew of a hazard in the time “immediately preceding” the plaintiff’s injury to establish actual knowledge
  • affirming decision to grant summary judgment where plaintiff had no evidence to prove the condition existed sufficiently long for a jury to conclude the defendant had notice of it
  • “[I]f the cause of the event is left to conjecture, guess, or random judgment, the plaintiff cannot recover.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, Luttig, Traxler

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.