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Troupe v. C & S Wholesale Grocers, Inc.

United States District Court for the Middle District of Georgia

2009 WL 1938787 (2009)

Relevant factsFree

Troupe's (plaintiff) state-court slip-and-fall complaint against C&S (defendant) did not specify damages, but the removal notice included medical records showing over a year of unrelenting, medication-resistant pain aggravating a pre-existing back injury and forcing her to reduce her self-employed cleaning workload.

IssueFree

Whether removal from state court to federal court based on diversity jurisdiction is proper if: (1) it is facially apparent from the complaint that the amount in controversy exceeds the jurisdictional requirement or (2) the notice of removal contains evidence that the damages would more likely than not exceed the minimum jurisdictional amount.

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