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· 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 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.