· 6/13/1964
Mitchell v. Barbee Lumber Co.
Citations
- 35 F.R.D. 544
- 1964 U.S. Dist. LEXIS 9839
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- fraudulent joinder exists if there is no cause of action in fact against a nondiverse defendant
- “fact that plaintiff could have alleged multiple publications or several causes of action is irrelevant”
- court may determine whether a party has been fraudulently joined “by any means available”
- “A distributor normally has no direct involvement in the preparation or production of an allegedly libelous article.... Accordingly, the danger in self-censorship is more threatening that it is with the original publisher....”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mize
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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