McDonal Ex Rel. McDonal v. Abbott Laboratories

How courts have described this case

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

• holding that claims against vaccine manufacturers were subject to the Vaccine Act but claims against Thimerosal manufacturers were not; therefore, the cause was properly removed based on a fraudulent joinder theory
• noting that “federal courts may raise their subject matter jurisdiction sua sponte”
• “no reasonable basis of recovery” test applies “unless that showing compels dismissal of all defendants”
• “A district court should ordinarily resolve a improper [sic] joinder by conducting a Rule 12(b)(6
• “[T]he purpose underlying the improper joinder inquiry is to determine whether or not the in-state defendant was properly joined.”
• “If no reasonable basis of recovery exists, a conclusion can be drawn that the plaintiff’s decision to join the local defendant was indeed fraudulent.”

Source: CourtListener parenthetical corpus (CC0).