Topic
Fraudulent Joinder
64 published works
Drug & Device Law
Eighth-Circuit Court Applies Fraudulent Misjoinder Doctrine to Deny Remand
As we recently noted when discussing snap removals, corporate defendants sued by individuals are generally at a disadvantage when forced to litigate in state rather than federal court. We know…
Drug & Device Law
Ninth Circuit is Gonna be the Ninth Circuit: Preemption, Fraudulent Joinder, and Lassitude
Nerds such as your friendly neighborhood DDL bloggers read legal decisions with excitement. We hardly seem alone in that regard, at least lately. Over the past several weeks, SCOTUS issued…
Paul W. Mollica Federal Courts Blog
Split Fifth Circuit Panel Rejects Eleventh Circuit’s “Fraudulent Misjoinder” Doctrine to Rescue Removed Case and Remands to State Court
In Williams v. Homeland Ins. Co., No. 20-30196 (5th Cir. Nov. 30, 2021), the panel split three ways in addressing whether there was full diversity in a removed action, with…
Drug & Device Law
E.D. Cal. Nixes Fraudulent Joinder of Defendant, but not Plaintiff
We’re taking a timeout from our summer reading parade of baggy 19th Century novels. After gorging ourselves on Dickens, Dostoyevsky, Thackeray, Trollope, and Tolstoy, it was time for a palate…
Drug & Device Law
Sales Representative Fraudulently Joined In Illinois
Plaintiffs often prefer to be in state court, and when we first started doing a lot of product liability litigation way back when, we were struck by how much time…
Drug & Device Law
Taxotere Court Finds that Distributor was Fraudulently Joined; Denies Remand
Plaintiffs will go to great lengths to stay out of federal court, including naming local defendants against whom the plaintiffs have no real intention of pursuing the lawsuit with even…
Drug & Device Law
Silicone Implant Defendants Prevail on Fraudulent Joinder and Preemption
Offhand, we cannot think of opinions we have blogged on that pleased us more than today’s cases, Jacob v. Mentor Worldwide, LLC, et al., 2019 WL 3500325 (C.D. Cal. Aug.…
Drug & Device Law
Fraudulent Joinder and Misjoinder Arguments Prevail in Missouri
Sometimes we find it simply best to start with the facts. The facts of Graham v. Mentor World Wide LLC, 2019 WL 3253185 (E.D. MO Jul. 19, 2019) are: In…
Insurance Law Hawaii
Court Rejects Remand and Argument that Insurance Agent Fraudulently Joined
The federal district court refused to remand the case for lack of subject matter jurisdiction despite the insurer's argument that plaintiffs fraudulently joined their insurance agent as a…
Drug & Device Law
Fraudulently Joined at the Hip
In some states (we’re looking at you, California) it is frightfully hard to win on fraudulent concealment removal where the plaintiff has joined an in-state distributor of a drug or…