· 4/21/2006
Rutherford v. Merck & Co., Inc.
Citations
- 428 F. Supp. 2d 842
- 2006 WL 1064071
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Tapscott is an improper expansion of federal diversity jurisdiction, and misjoinder should be resolved by a state court
- holding that Tapscott is an improper expansion of federal diversity jurisdiction, and misjoinder should be resolved by a state court
- suggesting that fraudulent joinder as to a pharmacy would be proven if the pharmacy never dispensed a particular prescription drug to a plaintiff
- finding that a Rule 12(b)(6) motion is more “searching” than that applied when a party makes a claim of fraudulent joinder
- reasoning that “matters of state civil procedure, including, presumably, joinder of parties and claims, have no bearing on the existence or nonexistence of federal subject matter jurisdiction in a given case”
- detailing the \enormous judicial confusion engendered by the doctrine\ and concluding \no clear standards for the application of the doctrine have emerged\
Source: CourtListener parenthetical corpus (CC0).
Judges: Murphy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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