Louisville & Nashville Railroad v. Allnutt

How courts have described this case

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

• finding that the plaintiffs “did not act in bad faith by keeping the removal- spoiling defendants” because the plaintiffs actively litigated their claims
• noting that while discovery is often the most relevant factor, “the plaintiff can satisfy the standard even if he or she did not take discovery if he or she engaged in any other form of active litigation”
• construing the fraudulent joinder doctrine as permitting removal whenever a plaintiff fraudulently joins a resident defendant to prevent removal by way of the forum-defendant rule
• construing the fraudulent joinder doctrine as permitting removal whenever a plaintiff fraudulently joins a resident defendant to prevent removal by way of the forum-defendant rule
• finding the bad faith analysis begins with an inquiry into “whether the plaintiff actively litigated against the removal spoiler in state court”
• defining “actively litigate” broadly 20 because plaintiffs may be motivated to litigate a claim against a defendant for reasons 21 other than collecting damages

Source: CourtListener parenthetical corpus (CC0).