Kuperstein Ex Rel. Kuperstein v. Hoffman-Laroche, Inc.

How courts have described this case

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

• stating that courts have awarded costs when “defendants ... failed to establish a reasonable basis for removal,” but that the “mere fact that the defendant fail[ed] to carry his burden” does not justify an award
• stating that courts have awarded costs when “defendants ... failed to establish a reasonable basis for removal,” but that the “mere fact that the defendant fail[ed] to carry his burden” does not justify an award (inter-* nal quotation -marks and footnote '-omitted)
• retaining jurisdiction “solely for the purpose of setting the amount of costs and attorneys’ fees”
• relying on state procedural rules because the purpose of fraudulent joinder analysis is to determine whether a state court might permit a plaintiff to proceed with his claims
• relying on state procedural rules “[b]ecause the purpose of fraudulent joinder analysis is to determine whether a state court might permit a plaintiff to proceed with his claims”
• \The mere fact that the defendant fails to carry his burden does not of itself require an award of costs to the plaintiff.\

Source: CourtListener parenthetical corpus (CC0).