NEW ORLEANS – Attorneys for Caesars New Orleans are asking that a lawsuit filed against the upscale hotel and casino for its alleged negligence be moved to Louisiana federal court.
Caesars Entertainment Inc., in its six-page notice of removal filed May 23, wants the case to be heard in the U.S. District Court for the Eastern District of Louisiana.
The company points to the amount of damages sought by plaintiff Alfred Smith. Smith filed his petition for damages against Caesars in the state’s Civil District Court for the Parish of Orleans in November 2024.
While Smith’s petition did not allege or indicate the amount in controversy, Caesars’ attorneys requested information from the plaintiff to determine if the amount exceeded $75,000.
Current diversity jurisdiction provision grants federal court jurisdiction in all civil actions between citizens of different states and between a citizen of a state and a subject of a foreign state if the amount in controversy exceeds $75,000.
Both requirements are satisfied, Caesars argues in last month’s filing. The company is a Delaware corporation with its principal place of business in Nevada; Smith is a resident of Louisiana.
“On May 7, 2025, Defendant was served with Plaintiff’s Responses to Requests for Admission stating that the alleged damages from this accident exceed $75,000.00,” attorneys for Caesars wrote, adding they do not need to prove the amount the plaintiff likely will recover, only the amount he seeks.
Smith’s complaint alleges that on or about Dec. 4, 2023, he was showering in a handicap accessible room at the hotel’s 228 Poydras Street location, when the shower head came off. The shower head subsequently hit him in the head and caused him to fall in the shower.
Smith argues in his Nov. 20, 2024 civil filing that Caesars employees were responsible for “maintaining and inspecting” the condition of his room and bathroom.
“The aforesaid casualty and resulting injuries and damages were caused solely and proximately by the negligence and fault of the defendants, their agents, employees, and/or the owner(s) of the premises,” according to his lawsuit.
Covington, La.-based Treadaway Bollinger LLC is representing Caesars.
