In Re 1994 Exxon Chemical Fire

How courts have described this case

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

• holding that an allegation under article 893 is not “irrevocably binding” and “may be disregarded if the defendant can show by a preponderance of the evidence that the claim is for more than the jurisdictional amount”
• stating that “where there is improper removal, the pertinent question is whether the removed action could have been filed originally in federal court”
• finding that defendants were improperly joined because the plaintiff failed to allege facts showing that the non-diverse defendants were responsible for the injury alleged
• noting that this portion of § 1441(b) is often referred to as the “forum-defendant rule”
• suggesting that a plaintiff could have sought an interlocutory appeal after its remand motions based on the forum-defendant rule were denied
• finding individual defendants improperly joined where the record could not support two required elements of the plaintiffs state law claim

Source: CourtListener parenthetical corpus (CC0).