On December 4, 2024, a legal battle intensified as a casino was accused of negligence following a slip-and-fall incident. Christopher DiNatale filed a complaint against Treasure Chest Casino, LLC in the United States District Court for the Eastern District of Louisiana on December 5, 2024. The defendant had previously moved the case from the 24th Judicial District Court for the Parish of Jefferson, asserting federal diversity jurisdiction.
The crux of this legal dispute revolves around an alleged slip-and-fall accident that occurred on premises owned by Treasure Chest Casino. DiNatale claims to have sustained significant injuries both physically and mentally due to the incident. His petition outlines damages he seeks for "mental and physical pain," "anguish and suffering," "permanent disability," "past and future expenses for medical care," "loss of enjoyment of life," and other economic losses. However, the initial state court filing did not specify a dollar amount for these damages due to Louisiana law prohibiting such declarations in state court petitions.
Treasure Chest Casino's removal of the case to federal court hinges on meeting two critical criteria: complete diversity between parties and an amount in controversy exceeding $75,000. Although DiNatale submitted a settlement demand exceeding this threshold on November 5, 2024, the casino failed to provide accompanying evidence or documentation supporting this valuation in their notice of removal. As federal courts are courts of limited jurisdiction, they require clear proof that jurisdictional requirements are met before proceeding with cases removed from state courts.
Judge Susie Morgan ordered Treasure Chest Casino to amend its Notice of Removal by December 19, 2024, providing summary-judgment-type evidence demonstrating that the amount in controversy indeed exceeds $75,000. This order underscores the court's obligation to independently verify subject-matter jurisdiction even if unchallenged by either party.
DiNatale is represented by his attorneys whose identities remain undisclosed within this document while Judge Susie Morgan presides over the case identified as Case No. 2:24-cv-02800-SM-MBN.