· 2/23/2005
Knutson v. Allis-Chalmers Corp.
Citations
- 358 F. Supp. 2d 983
- 2005 U.S. Dist. LEXIS 2900
- 2005 WL 465398
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “to establish that there has 16 been no fraudulent joinder, a plaintiff need only have one potentially valid claim against a non- 17 diverse defendant”
- finding right of removal 10 is a creature of statute and jurisdiction is confined to the precise limits defined by statute
- “A plaintiff need only have one potentially valid claim against a non-diverse defendant” to survive a fraudulent joinder challenge.
- “The grant of summary judgment was not a voluntary act on the part of Plaintiffs and cannot serve as the basis for removal.”
- “Federal district courts are not entitled to 14 determine uncertain issues of law in order to ascertain whether there has been a fraudulent 15 joinder, as those issues must be determined in state court.”
- “Because a joinder may only be considered fraudulent if there was a failure to state a claim as a matter of well-settled law, then a state court grant of summary judgment deciding a new or controversial question of law would not support a finding of fraudulent joinder”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hicks
Read full opinion on CourtListenerSourced 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.