Rogers v. Wal-Mart Stores, Inc., 230 F.3d 868 (6th Cir. 2000), was a case decided by the United States Court of Appeals for the Sixth Circuit that held that remand to a state court cannot be achieved after removal to a federal court by lowering the damages sought to fall below the amount in controversy requirement.Yeazell, S.C. Civil Procedure, Seventh Edition. Aspen Publisher, New York, NY: 2008, p. 218
Decision The plaintiff sued Walmart in state court for a state law negligence action, seeking $950,000 in damages. Pursuant to 28 U.S.C. § 1441, the defendant removed to federal court on the basis of diversity jurisdiction. The plaintiff reduced the damages sought to less than $75,000 and petitioned for remand to state court because the amount in controversy requirement was no longer met. The 6th Circuit upheld a denial of the petition for remand, holding that the amount in controversy at the time of removal was what mattered.Yeazell, p. 218
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