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Friday, March 29, 2024

Wal-Mart seeks to move libel case to federal court

Libel sign

BECKLEY — Wal-Mart wants a slander and libel case against the company to be heard in federal court.

James E. Mink, power of attorney for Nora Mullins for A.M., originally filed his lawsuit Dec. 23, 2015, in Wyoming Circuit Court, claiming "false, malicious and intentional statements" by Wal-Mart Stores Inc.

On Feb. 26, Wal-Mart sought to remove the case to federal court.

In his original complaint, Mink claims Wal-Mart intentionally inflicted emotional distress on Mullins by making slanderous and libelous statements about her and her family, allegedly causing them irreparable harm. Mink is seeking $927,800 in actual damages and $900,000 in punitive damages.

Wal-Mart claims the case falls under federal jurisdiction because the amount in controversy exceeds $75,000 and the dispute involves citizens of different states.

Walmart is represented by attorneys Heather M. Noel and Sara E. Brown of MacCorkle Lavender PLLC in Morgantown. Mink is representing himself.

U.S. District Court for the Southern District of West Virginia Case number 5:16-cv-01854

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