In the case of Jones v. Wal-Mart Stores East, LP, No. 2:24-CV-05521-KNS (E.D. Pa. Feb. 4, 2025 Scott, J.), the court granted a Plaintiff’s Motion to Remand this case from federal court back to the Philadelphia Court of Common Pleas.
According to the Opinion, this case arose out a trip and fall case that occurred at a Wal-Mart store.
The Plaintiff filed the lawsuit in the Philadelphia Court of Common Pleas. The Plaintiff sued Wal-Mart and the store manager.
Wal-Mart removed the case to federal court asserting that the store manager Defendant was fraudulently joined and that, therefore, the requirements for a federal diversity jurisdiction were satisfied.
The federal court disagreed and held that remand was required where complete diversity jurisdiction did not exist in light of the fact that the Plaintiff had asserted a valid negligence claims against an individual store manger who, like the Plaintiff, was a Pennsylvania citizen.
Anyone wishing to review a copy of this decision may click this LINK. The Court’s companion Order can be viewed at this LINK.
Source: The Legal Intelligencer Federal Case Alert, www.Law.com (March 7, 2025).