Skip to main content
Fifth Circuit· 9/7/1999

Cobb v. Delta Exports, Inc.

Citations

  • 186 F.3d 675
  • 44 Fed. R. Serv. 3d 379
  • 1999 U.S. App. LEXIS 21331
  • 1999 WL 636328

How courts have described this case

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

  • ruling that post-removal joinder of a non-diverse party, whether dispensable or not, destroys diversity jurisdiction and requires remand pursuant to § 1447(e)
  • holding that the fraudulent joinder doctrine is inapplicable post-removal because, when a defendant is joined after removal, “the defendants have a chance to argue against joinder before the court grants leave to amend”
  • explaining that once a non-diverse defendant is added, a court’s diversity jurisdiction is destroyed, and the court must remand
  • explaining that once a nondiverse defendant is joined, a court’s diversity jurisdiction is destroyed and the court must remand
  • indicating that while fraudulent joinder analysis does not apply in evaluating a motion to amend that would add non-diverse defendants, the court should consider whether recovery is possible
  • holding remand is required following post-removal joinder of a non-diverse, dispensable party

Source: CourtListener parenthetical corpus (CC0).

Judges: Jolly, Smith, Stagg

Read full opinion on CourtListener

Cited by

40 cases in this archive cite this case; the 20 most cited are listed.

Cites

53 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Cobb v. Delta Exports, Inc.

6 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.