HUTCHEN v. Wal-Mart Stores East I, LP

How courts have described this case

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

• assessing fraudulent joinder and rejecting the argument that the employee was not “ultimately responsible” on the basis that it was an improper factual issue
• explaining the party asserting fraudulent joinder bears the burden to demonstrate its existence
• finding allegations that store manager knew or should have known contaminated spinach had been found in other stores but failed to remove it from shelves adequately stated a claim for negligent failure to warn
• discussing Missouri cases finding that employees were personally liable to third parties
• “When a party seeking removal alleges fraudulent joinder, the removing party bears the burden of proving the alleged fraud.”
• “When a party seeking removal alleges fraudulent joinder, the removing party bears the burden of proving the alleged fraud.”

Source: CourtListener parenthetical corpus (CC0).