Stan Winston Creatures, Inc. v. Toys\ R\ US, Inc.

How courts have described this case

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

• concluding that defendants had not shown that it was \legally impossible\ for nondiverse defendant to be liable under state law
• finding that whether an individual corporate officer or director knowingly participated in the wrong or had knowledge of the misrepresentation to be liable under New York law was not properly resolved on a motion for remand
• explaining that whether or not the complaint adequately alleges facts to establish that the non-diverse defendant would be liable under state substantive law is “properly resolved on a motion to dismiss, not on a motion for remand”
• finding of fraudulent joinder appropriate only when it is “legally impossible” for plaintiff to state a claim under state law
• finding removal by a forum defendant prior to service proper under plain language of 28 U.S.C. § 1441(b)
• finding removal by a forum defendant prior to service proper under plain language of 28 U.S.C. § 1441(b)

Source: CourtListener parenthetical corpus (CC0).