Albee v. Crane Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• declining to adopt holding of Tapscott v. MS Dealer Serv. Corp., 77 F.3d 1355, 1360 (11th Cir. 1996)
• permitting courts in limited circumstances to pierce the pleadings and conduct a limited summary inquiry into jurisdictional facts for purposes of evaluating improper joinder
• refusing to adopt the fraudulent 11 misjoinder because it would run contrary to 28 U.S.C. § 1441(b)(2), allow federal courts 12 to “engage in significant procedural wrangling in order to create jurisdiction,” and 13 improperly expand federal jurisdiction
• “[T]he proper mechanism of handling an improperly joined party is to dismiss it, not send it to another court to decide the merits.”
• “That doctrine has been adopted only by the Eleventh Circuit and a number of district courts.” (citation omitted)
• “[W]e refuse the invitation to [adopt fraudulent misjoinder] now.”

Source: CourtListener parenthetical corpus (CC0).