· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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