Smith v. Southern Pac. Co. (Two Cases)

How courts have described this case

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

• explaining that doubtful questions of state law “should be tried in the state court and not . . . in removal proceedings”
• noting that, if the complaint’s allegations establish a potentially meritorious claim, the plaintiff’s “motive in joining the individual defendant is not fraudulent even if the sole reason for joinder is to prevent removal”
• indicating that a defendant is not fraudulently joined if there is legal uncertainty regarding the claims against him because “a doubtful question of state law ... should be tried in .the state court and not determined in.removal proceedings”

Source: CourtListener parenthetical corpus (CC0).