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· 2/13/2006

Lawrence Builders, Inc. v. Kolodner

Citations

  • 414 F. Supp. 2d 134
  • 2006 WL 335896

How courts have described this case

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

  • “Because fraudulent joinder describes any improper joinder, a defendant need not prove that the plaintiff intended to mislead or deceive in order to sustain its burden.”
  • fraudulent joinder occurs where there is “no possibility that the plaintiff would be able to establish a cause of action against the non-diverse defendants in state court”
  • when claimant seeks no relief from non-diverse party, court finds that “[a] party fraudulently joined to defeat removal . . . is disregarded in determining diversity of citizenship”
  • fraudulent joinder doctrine applies to “outright fraud in plaintiffs recitation of jurisdictional facts” and when there is “no possibility that plaintiff would be able to establish a cause of action against the non-diverse defendant in state court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lisi

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.