Topic
Fraudulent Joinder
64 published works
Drug & Device Law
Fraudulent Joinder and Some Easy Living in the Middle District of Georgia
By Eric Hudson
Sometimes we read a decision in favor of the defense that makes it seem like getting the good result was easy. The court summarily disposes of plaintiff’s arguments, adopts the…
Drug & Device Law
Guest Post – A Fraudulent Joinder Sitcom – Ms. Bean Goes to Court
By Bexis
Today's guest post is from Reed Smith's Matt Jacobson. His post is not (primarily) about British comedy, but rather about fraudulent joinder. The specific topic is most interesting if you…
Zalma on Insurance
Adjuster May Not be Sued to Defeat Federal Jurisdiction
By Barry Zalma
One Year Private Limitation of Action Provision Enforceable Post 5233 See the video at https://rumble.com/v725698-adjuster-may-not-be-sued-to-defeat-federal-jurisdiction.html and at https://youtu.be/1FfeOKxNa-M Barn Roof Collapse Suit Attempts to Avoid Federal Court Fails Because of…
Drug & Device Law
Snap! Sometimes the Third Time Isn’t a Charm
By Eric Hudson
Snap removal is one of the few ways that defendants can counter plaintiffs’ efforts at forum shopping. When a case analyzes snap removal and expressly adopts fraudulent misjoinder in the…
Zalma on Insurance
Not Nice to Name a Defendant Only to Avoid Federal Court
By Barry Zalma
Fraudulent Joinder of Defendant to Avoid Federal Court Fails Post 5113 See the full video at https://rumble.com/v6vpsyt-not-nice-to-name-a-defendant-only-to-avoid-federal-court.html and at https://youtu.be/kU4iP4Fc9UA It Never Pays to Sue a Party Who Did Nothing…
Drug & Device Law
Will the Supreme Court Turn Fraudulent Joinder into a Free Shot for Plaintiffs?
By Bexis
We have learned, through repeated harsh experience (e.g., Mallory, Wullschleger, Harrington) that while the current Supreme Court can be described as “conservative,” that hardly means that it is pro-business. Indeed,…
Tort Talk
Federal District Court Confirms that Fraudulent Misjoinder Doctrine Not Adopted in Third Circuit Relative to Remand Analysis
In the case of Ashworth v. Eurofins Donor & Product Testing, Inc., No. 23-1958 (E.D. Pa. Aug. 29, 2024 Schmehl, J.), the court granted a Motion to Remand and denied…
Drug & Device Law
E.D.N.Y. Finds Fraudulent Joinder of Sales Representative with No Connection to Plaintiff
Plaintiffs naming local sales representatives—or doctors, or pharmacies, or distributors, or retailers—as defendants to try to destroy diversity and avoid federal court is nothing new. Unfortunately, defendants bear a “heavy…
Tort Talk
Motion to Remand Granted After Allegation of Fraudulent Joinder Was Rejected by Federal Court
In the case Harris v. Miller’s Ale House, Inc., No. 23-CV-03349 (E.D. Pa. Nov. 13, 2023 Baylson, J.), the federal court granted a motion to remand a slip and fall…
Drug & Device Law
Removal, Severance & Rule 21
By Bexis
Our recent fraudulent joinder post ended with the observation, “[h]aving found fraudulent or procedural misjoinder, the court ‘sever[ed] the action’ against the healthcare provider ‘so as to preserve [the manufacturer’s]…