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· 12/2/1999

Patricia J. Mayes v. Stanley Rapoport Judith Rapoport David Key, D/B/A Key Coffee Roasters, Incorporated

Citations

  • 198 F.3d 457
  • 45 Fed. R. Serv. 3d 555
  • 1999 U.S. App. LEXIS 31526
  • 1999 WL 1082530

How courts have described this case

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

  • holding that a mere “glimmer of hope” for relief is sufficient for a plaintiff to overcome a claim of fraudulent joinder
  • stating that fraudulent join-der allows the court to retain jurisdiction by dismissing non-diverse defendants
  • noting that courts carefully scrutinize attempts to add a non-diverse defendant after removal
  • fraudulent joinder has no effect once the district court actually possesses jurisdiction, including after the case has been properly removed
  • “[A] 'district court has the authority to reject a post-removal joinder that implicates 28 U.S.C. § 1447(e), even if the join-der was without leave of court.”
  • fraudulent joinder doctrine “does not directly apply after removal because the district court already possesses jurisdiction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, King, Butzner

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.