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· 5/15/2006

In Re: Karen A. Briscoe Alfred Lara Wanda T. Kizer Debra Alexander Rhonda Allen Mary Green Glenda D. Abbott and Leslie Bales

Citations

  • 448 F.3d 201
  • 2006 WL 1312957

How courts have described this case

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

  • concluding that “an appeal after final judgment is not an illusory or ineffectual means through which petitioners can pursue their arguments for a remand to state court”
  • explaining that a petition for a writ of mandamus is not a substitute for an appeal
  • cautioning that the “district court must not step from a threshold jurisdictional issue into a decision on the merits” when evaluating whether joinder was fraudulent
  • holding a district court cannot delve into the merits of a claim in a fraudulent-joinder inquiry
  • stating that the Court may consider evidence of when a claim accrued for statute of limitations purposes “or other relevant matters that are properly subject to judicial notice”
  • noting that “the diverse defendants may [still] remove the action if they can establish that the non-diverse defendants were ‘fraudulently’ named or joined solely to defeat diversity jurisdiction”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Smith, Stapleton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.