Eleventh Circuit· 7/18/1983
Coker v. Amoco Oil Co.
Citations
- 709 F.2d 1433
- 32 Fair Empl. Prac. Cas. (BNA) 702
- 37 Fed. R. Serv. 2d 77
- 1983 U.S. App. LEXIS 25750
- 32 Empl. Prac. Dec. (CCH) 33,814
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the burden of proving that the joinder of nonresident defendants was fraudulent rests on the removing party
- applying the plain error standard of review where the objecting party failed to make a timely objection
- “removing party must show ... that there is no possibility that the plaintiff would be able to establish a cause of action”
- if the state court could find that “the complaint states a cause of action,” joinder is proper
- in addressing the issue of fraudulent joinder, the court must resolve all questions of fact and controlling law in favor of the plaintiff
- plaintiff need only have a possibility of stating a valid cause of action in order for the joinder to be legitimate
Source: CourtListener parenthetical corpus (CC0).
Judges: Hill, Johnson, Tjoflat
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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