Crockett v. R.J. Reynolds Tobacco Co.

How courts have described this case

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

• holding that “removal on the basis of an unappealed severance, by a state court, of claims against improperly joined defendants is not subject to the voluntary-involuntary rule.”
• recognizing that state court severance to address misjoinder can make a case removable notwithstanding the general rule that cases only become removable based on the voluntary acts of the plaintiff
• noting that Texas, in Tex.R. Civ. P. 40(a), has adopted joinder standards equivalent to those stated in Fed.R.Civ.P. 20(a)
• acknowledging that a party may be improperly joined for reasons beyond the two expressly adopted types of improper joinder and citing Tapscott, 77 F.3d at 1360
• holding “removal on the basis of an unappealed severance, by a state court, of claims 19 against improperly joined defendants is not subject to the voluntary-involuntary rule”
• noting that a party can be “improperly joined without being fraudulently joined’

Source: CourtListener parenthetical corpus (CC0).