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· 1/2/1992

Richard J. Dodson v. Spiliada Maritime Corp.

Citations

  • 951 F.2d 40
  • 1992 A.M.C. 1163
  • 1992 U.S. App. LEXIS 25
  • 1992 WL 171

How courts have described this case

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

  • finding that, in making a determination regarding improper joinder, a court does not decide whether plaintiffs “will actually or even probably prevail on the merits, but looks only” for a reasonable possibility that plaintiffs may do so
  • “In evaluating fraudulent joinder claims, [the court] must initially resolve ... all ambiguities in the controlling state law in favor of the non-removing party.”
  • “In evaluating fraudulent joinder claims, we must . . . resolve all . . . ambiguities in the controlling state law in favor of the non-removing party.”
  • “We do not decide whether the plaintiff will actually or even probably prevail 11 on the merits, but look only for a possibility that he may do so.”
  • “We do not decide whether the plaintiff will actually or 6 even probably prevail on the merits, but look only for a possibility that he may do so.”
  • “To prove their allegation of fraudulent 7 joinder [the defendants] must demonstrate that there is no possibility that [the plaintiff] would be 8 able to establish a cause of action against them in state court”

Source: CourtListener parenthetical corpus (CC0).

Judges: Politz, Johnson, Garwood

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.