Skip to main content
· 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 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.