Valdera v. Walmart Inc.
- Kenneth Karas
- 7:25-cv-04068
- U.S. District Court · Southern District of New York
- 2
In Valdera v. Walmart, Judge Karas transferred Valdera’s negligence case to New Jersey because venue was improper in New York.
Bladimir Valdera and Walmart, Inc.; the case will proceed in the District of New Jersey rather than the Southern District of New York.
What happened
In Valdera v. Walmart, Inc., Bladimir Valdera sued Walmart, Inc., alleging negligence. The opinion states that Valdera resides in Ozone Park, New York, and that the events underlying the case occurred at a Walmart store in New Jersey.
The court determined that venue was not proper in the Southern District of New York because neither party resides there and the events did not occur there. The opinion states that Walmart is apparently headquartered in Bentonville, Arkansas.
Judge Kenneth M. Karas ordered the Clerk of Court to transfer the case to the U.S. District Court for the District of New Jersey. The court transferred the case rather than dismissing it.
The detailed version
- Valdera v. Walmart Inc. · No. 7:25-cv-04068
- Kenneth Karas
- May 22, 2025
Background
Bladimir Valdera brought a negligence action against Walmart, Inc. The opinion states that Valdera resides in Ozone Park, New York, which is in Queens. The civil cover sheet apparently identifies Walmart as headquartered in Bentonville, Arkansas. The complaint states that the circumstances giving rise to the action occurred at a Walmart store in New Jersey.
Venue Analysis
The court applied the federal venue rules in 28 U.S.C. § 1391(b). Those rules generally permit a case to be filed where all defendants reside, where a substantial part of the events or omissions occurred, or, in limited circumstances, where a defendant is subject to the court’s personal jurisdiction.
The court concluded that venue was not proper in the Southern District of New York because neither party resides there and the events underlying the action occurred in New Jersey. Under 28 U.S.C. § 1406(a), when venue is improper, a district court may dismiss the case or, when appropriate, transfer it to a district where the case could have been brought.
Disposition
The court ordered the Clerk of Court to transfer the action to the U.S. District Court for the District of New Jersey. The opinion does not state that the court decided the merits of Valdera’s negligence claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.