Consolidated Rail Corp. v. Director, Division of Taxation

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).