Smoot v. Chicago, Rock Island And Pacific Railroad Company

How courts have described this case

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

• stating that fraudulent joinder must be “established with complete certainty upon undisputed evidence”
• finding fraudulent joinder where non-liability of joined party was “established with complete certainty upon undisputed evidence.”
• finding joinder was fraudulent where the non-liability of the non-diverse defendant had been “established with complete certainty upon undisputed evidence” (emphasis added)
• “[I]t is well settled that upon allegations of fraudulent joinder designed to prevent removal, federal courts may look beyond the pleadings to determine if the joinder, although fair on its face, is a sham or fraudulent device to prevent removal.”

Source: CourtListener parenthetical corpus (CC0).