Joe B. RITCHEY, Plaintiff-Appellant, v. UPJOHN DRUG COMPANY; William Dement, Defendants-Appellees

How courts have described this case

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

• stating that “[t]he defendant seeking removal to federal court is entitled to present the facts showing the joinder to be fraudulent”
• finding non-diverse defendants were 16 fraudulently joined in an asbestos suit because any claims against non-diverse parties 17 were brought decades after the statute of limitations had run
• because the plaintiff's claims against two nondiverse defendants were time-barred, those defendants had been \fraudulently joined\ and did not affect the district court's removal jurisdiction over the case
• “[A] defendant 15 must have the opportunity to show that the individuals joined in the action cannot be liable on 16 any theory.” (emphasis added)
• “It is a commonplace 13 that fraudulently joined defendants will not defeat removal on diversity grounds.”
• “The defendant seeking removal to the federal court is entitled to present the facts showing the joinder to be fraudulent.”

Source: CourtListener parenthetical corpus (CC0).