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Rogers V. Wal-Mart Stores, Inc.
''Rogers v. Wal-Mart Stores, Inc.'', 230 F.3d 868 (6th Cir. 2000), was a case decided by the United States Court of Appeals for the Sixth Circuit that held that remand to a state court cannot be achieved after removal to a federal court by lowering the damages sought to fall below the amount in controversy requirement. Decision The plaintiff sued Walmart in state court for a state law negligence action, seeking $950,000 in damages. Pursuant to 28 U.S.C. § 1441, the defendant removed to federal court on the basis of diversity jurisdiction In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction that gives United States federal courts the power to hear lawsuits that do not involve a federal question. For a federal court to have diversity ju .... The plaintiff reduced the damages sought to less than $75,000 and petitioned for remand to state court because the amount in controversy requirement was no longer met. The 6th Circuit uphe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Sixth Circuit
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of Kentucky * Eastern District of Michigan * Western District of Michigan * Northern District of Ohio * Southern District of Ohio * Eastern District of Tennessee * Middle District of Tennessee * Western District of Tennessee The court is composed of sixteen judges and is based at the Potter Stewart U.S. Courthouse in Cincinnati, Ohio. It is one of 13 United States courts of appeals. The United States federal courts were divided into six circuits in 1801, but a circuit court of appeals was not established until the passage of the Judiciary Act of 1891. William Howard Taft, the only person ever to serve as both President and Chief Justice of the United States, once served on the Sixth Circuit. Four other judges of the Sixth Circuit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amount In Controversy
Amount in controversy (sometimes called jurisdictional amount) is a term used in civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount (or below a certain maximum amount) before that court may hear the case. United States In federal courts Diversity jurisdiction In United States federal courts, the term currently applies only to cases brought under diversity jurisdiction, meaning that the court is able to hear the case only because it is between citizens of different states. In such cases, the U.S. Congress has decreed in 28 U.S.C. § 1332(a) that the court may hear such suits only where "the matter in controversy exceeds the sum or value of $75,000." This amount represents a significant increase from earlier years. Congress first established the amount in controversy requirement when it created diversity jurisdiction in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diversity Jurisdiction Case Law
Diversity, diversify, or diverse may refer to: Business *Diversity (business), the inclusion of people of different identities (ethnicity, gender, age) in the workforce *Diversity marketing, marketing communication targeting diverse customers *Supplier diversity, the use of diverse suppliers *Team diversity Politics * Diversity (politics), the political and social policy of encouraging tolerance for people of different cultural and racial backgrounds * Diversity Immigrant Visa or Green Card Lottery, a United States immigration program * Diversity jurisdiction, a concept under which U.S. federal courts can hear suits between parties from different states * Diversity training, the process of educating people to function in a diverse environment * Cultural diversity, the respect of different cultures and interculturality * Functional diversity (disability), a term for special needs, disability, impairment and handicap * Gerodiversity, a multicultural approach to issues of aging * M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Civil Procedure Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television serie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diversity Jurisdiction
In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction that gives United States federal courts the power to hear lawsuits that do not involve a federal question. For a federal court to have diversity jurisdiction over a lawsuit, two conditions must be met. First, there must be "diversity of citizenship" between the parties, meaning the plaintiffs must be citizens of different U.S. states than the defendants. Second, the lawsuit's " amount in controversy" must be more than $75,000. If a lawsuit does not meet these two conditions, federal courts will normally lack the jurisdiction to hear it unless it involves a federal question, and the lawsuit would need to be heard in state court instead. The United States Constitution, in Article III, Section 2, grants Congress the power to permit federal courts to hear diversity cases through legislation authorizing such jurisdiction. The provision was included because the Framers of the Constituti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
28 U
8 (eight) is the natural number following 7 and preceding 9. Etymology English ''eight'', from Old English '', æhta'', Proto-Germanic ''*ahto'' is a direct continuation of Proto-Indo-European '' *oḱtṓ(w)-'', and as such cognate with Greek and Latin , both of which stems are reflected by the English prefix oct(o)-, as in the ordinal adjective ''octaval'' or ''octavary'', the distributive adjective is ''octonary''. The adjective ''octuple'' (Latin ) may also be used as a noun, meaning "a set of eight items"; the diminutive ''octuplet'' is mostly used to refer to eight siblings delivered in one birth. The Semitic numeral is based on a root ''*θmn-'', whence Akkadian ''smn-'', Arabic ''ṯmn-'', Hebrew ''šmn-'' etc. The Chinese numeral, written (Mandarin: ''bā''; Cantonese: ''baat''), is from Old Chinese ''*priāt-'', ultimately from Sino-Tibetan ''b-r-gyat'' or ''b-g-ryat'' which also yielded Tibetan '' brgyat''. It has been argued that, as the cardinal num ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. Elements of negligence claims To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the " elements" of neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Walmart
Walmart Inc. (; formerly Wal-Mart Stores, Inc.) is an American multinational retail corporation that operates a chain of hypermarkets (also called supercenters), discount department stores, and grocery stores in the United States and 23 other countries. It is headquartered in Bentonville, Arkansas. The company was founded in 1962 by brothers Sam Walton and Bud Walton, James "Bud" Walton in nearby Rogers, Arkansas. It also owns and operates Sam's Club retail warehouses. Walmart has 10,586 stores and clubs in 24 countries, operating under 46 different names. Walmart is the List of largest companies by revenue, world's largest company by revenue, according to the Fortune Global 500, ''Fortune'' Global 500 list in October 2022. Walmart is also the List of largest United States–based employers globally, largest private employer in the world, with 2.1 million employees. It is a publicly traded family-owned business (the largest such business in the world), as the company ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a '' weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Reporter
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, '' Federal Cases''. The fourth and current ''Federal Reporter'' series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the ''Federal Reporter'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the ''Federal Reporter'' for included decisions. Approximately 30 new volumes are published each year. Distinctions The ''Federal Reporter'' has always publi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Courts
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the Constitution of the United States, United States Constitution and Law of the United States, laws of the federal government. The U.S. federal judiciary consists primarily of the Supreme Court of the United States, U.S. Supreme Court, the United States Courts of Appeals, U.S. Courts of Appeals, and the United States District Courts, U.S. District Courts. It also includes a variety of other lesser federal tribunals. Article III of the United States Constitution, Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that United States federal judge, federal judges are appointed by the President of the United States, president with the consent of the United States Senate, Senate to serve until they resign, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
