· 3/20/1996
Tapscott v. MS Dealer Service Corp.
Citations
- 77 F.3d 1353
- 1996 U.S. App. LEXIS 4931
- 1996 WL 93821
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding misjoinder may be as fraudulent as the joinder of a resident against whom a plaintiff has no possibility of a cause of action
- holding misjoinder may be as fraudulent as the joinder of a resident against whom a plaintiff has no possibility of a cause of action
- stating that not every misjoinder constitutes fraudulent misjoinder; only the attempts to join parties that are “so egregious as to constitute fraudulent joinder” will qualify
- finding that where a plaintiff has made an unspecified demand for damages, a lower burden of proof is warranted because there is simply no estimate of damages to which a court may defer
- stating that complete diversity requires that every plaintiff be diverse from every defendant
- adopting the “preponderance of the evidence” standard after examining the various burdens of proof in different factual contexts
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Black, Goodwin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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