John PAMPILLONIA, Plaintiff-Appellant, v. RJR NABISCO, INC., Nabisco Foods Group, Planters Lifesavers Company, Defendants-Appellees

How courts have described this case

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

• noting that there is no need to undertake a choice-of-law inquiry where parties agree on applicable substantive law
• noting that “all factual and legal issues must be resolved in favor of the plaintiff”
• noting that the party seeking to establish fraudulent joinder bears the “heavy burden” of proving by “clear and convincing evidence” that there is “no possibility ... that a plaintiff can state a cause of action against the non-diverse defendant in state court”
• looking to affidavits to determine if plaintiff’s complaint alleged a sufficient factual foundation to support claims
• finding defendant did not meet burden where defendant’s assertion was contradicted by an affidavit filed by plaintiff’s attorney
• looking to affidavits accompanying removal petition to determine whether party had been fraudulently joined

Source: CourtListener parenthetical corpus (CC0).