Simon v. Wal-Mart Stores, Inc.

How courts have described this case

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

• concluding that it was not “‘facially apparent’ that the amount of damages would exceed $75,000” when plaintiff generally alleged that she suffered physical injuries and incurred unidentified medical expenses
• commenting that if plaintiff had alleged any damages for emotional distress, functional impairments, or disability, it would have supported a larger monetary basis for federal jurisdiction
• stating that, when a state court petition describes damages inadequately to support removal, the removing party has an affirmative burden to produce information, through factual allegations or an affidavit
• explaining that conclusory allegations in a notice of removal are insufficient to support jurisdiction
• stating that federal courts may examine the basis of jurisdiction sua sponte
• ordering the district court to remand the case to Louisiana state court, because “it was not ‘facially apparent’ [from the complaint] that the amount of damages would exceed $75,000”

Source: CourtListener parenthetical corpus (CC0).