Dixie Lee Simon Elwin Simon v. Wal-Mart Stores Inc in the United States Court of Appeals for the Fifth Circuit’s Empirical Analysis
193 F.3d 848 · 1999
Citation profile
11 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 43 later decisions — most recently August 2020 · most notably Merle Manguno v. Prudential Property and Casualty Insurance Company (2002), Gebbia v. Wal-Mart Stores, Inc. (2000)
11 federal appellate · 1 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 623 So. 2d 1257 - Youn v. Maritime Overseas Corp. · Allen v. R & H Oil & Gas Co. · Asociacion Nacional Pescadores Pequena Escala Artesanales Colombia v. Dow Quimica Colombia Sa · Luckett v. Delta Airlines, Inc. · Jones v. Collins
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In such a situation, the removing defendant must prove by a preponderance of the evidence that the amount in controversy exceeds $75,000. The defendant may make this showing in either of two ways: (1) by demonstrating that it is “facially apparent” that the claims are likely above $75,000, or (2) “by setting forth facts in controversy — preferably in the removal petition, but sometimes by affidavit — that support a finding of the requisite amount.””
2 later decisions quote this exact passage · from the majority“Luckett involved a tort action brought by a plaintiff whose luggage, containing her heart medication, was lost by the defendant airline. Luckett became severely ill after not taking the medication and specifically alleged damages for property, travel expenses, an emergency ambulance trip, a six-day stay in the hospital, pain and suffering, humiliation, and temporary inability to do housework following her hospitalization. In contrast, the instant complaint alleged, with little specificity, damages from less severe physical injuries — an injured shoulder, bruises, and abrasions — and unidentified medical expenses for Simon, plus loss of consortium for Elwin. It did not allege any damages for loss of property, emergency transportation, hospital stays, specific types of medical treatment, emotional distress, functional impairments, or disability, which damages, if alleged, would have supported a substantially larger monetary basis for federal jurisdiction. On the basis of the Simons’ allegations, we must conclude that it was not “facially apparent” that the amount of damages would exceed $75,000.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.