Whisman v. Wells

How courts have described this case

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

• relying on Cobb v. Delta Exports, Inc. to hold that the “fraudulent joinder” test is used when determining whether to allow a pleading amendment that would join a non-diverse defendant and destroy the court’s diversity jurisdiction
• relying on Cobb v. Delta Exps., Inc., 186 F.3d 675 (5th Cir. 1999) to hold that the “fraudulent joinder” test is used when determining whether to allow a pleading amendment that would join a non-diverse defendant and destroy the court’s diversity jurisdiction
• “Second, in rare cases, if a plaintiff has stated a claim, but has misstated or omitted discrete facts that would determine the propriety of joinder...the district court may, in its discretion, pierce the pleadings and conduct a summary inquiry.”
• “Under these circumstances, the Court is not in a position to make an Erie guess that Louisiana law precludes recovery against a sales representative, and as such, Defendants have not demonstrated that ‘there is no possibility of recovery by the plaintiff against an in-state defendant.’”
• discussing Doleac, 264 F.3d at 477

Source: CourtListener parenthetical corpus (CC0).