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· 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 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.