Carl Legg v. Wyeth

How courts have described this case

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

• holding that it is “entirely proper” for the district court to consider affidavits submitted by a defendant
• concluding that a plaintiff fraudulently joined a defendant who “swore under oath” that he was not involved in the alleged conduct and the plaintiffs “never disputed” the statement
• holding that the district court abused its discretion where it refused to consider defendants' affidavits contradicting plaintiffs' claims as to the merits of the case and relied solely on the allegations in plaintiffs' complaint
• explaining that resolving a fraudulent joinder issue is similar to resolving a motion for summary judgment
• explaining that resolving a fraudulent joinder issue is similar, procedurally, to resolving a motion for summary judgment
• noting that where the plaintiff does not respond to a factual assertion there is no issue of fact for the court to resolve

Source: CourtListener parenthetical corpus (CC0).