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· 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 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.