A legal dispute has escalated to the federal level as a plaintiff takes on major corporations over alleged injuries and damages. Denise Moody filed a complaint against Coca-Cola Bottling Company United, Inc., Walmart Inc., Wal-Mart Louisiana, LLC, and Brandon Sylve in the United States District Court for the Eastern District of Louisiana on October 30, 2024. The case was removed from the Civil District Court for the Parish of Lafourche in Louisiana by the defendants, who argue that federal diversity jurisdiction applies.
The core of this legal battle revolves around Denise Moody's claims of serious and permanent injuries sustained due to actions by Walmart and Coca-Cola. According to court documents, Moody alleges that she has endured significant physical and emotional distress, including pain, suffering, anxiety, depression, and diminished enjoyment of life. Furthermore, she claims to have incurred substantial medical expenses related to these injuries. In her state court petition, Moody did not specify an exact amount for damages but indicated that they are considerable enough to warrant federal jurisdiction.
The defendants' removal of the case hinges on two critical factors: establishing complete diversity of citizenship among parties and proving that the amount in controversy exceeds $75,000. However, Judge Susie Morgan identified deficiencies in these areas. The defendants failed to adequately demonstrate Wal-Mart Louisiana LLC's citizenship by not listing all members' domiciles—a requirement since an LLC's citizenship is determined by its members' citizenships. Additionally, they did not provide sufficient evidence or calculations to substantiate their claim that Moody's damages surpass the $75,000 threshold.
Moody’s allegations highlight her belief in being "justly and truly indebted" due to Walmart's and Coca-Cola's actions. She describes ongoing suffering from her injuries as well as future medical costs she expects to incur. Despite these assertions, Judge Morgan found them too generic to make it "facially apparent" that her claims meet the jurisdictional monetary requirement without further evidence.
In response to these issues with jurisdictional proof presented by Walmart Inc., Wal-Mart Louisiana LLC must amend their Notice of Removal by November 14th. They need to provide detailed information about their LLC’s membership along with “summary-judgment-type evidence” regarding the financial scope of Moody’s claimed damages.
Representing Denise Moody is unknown at this time; however, any legal team would be tasked with ensuring her grievances are clearly quantified within legal standards necessary for federal consideration. The presiding judge is Susie Morgan under Case ID 2:24-cv-02579-SM-JVM.