Topic: joinder of a non-diverse defendant is deemed fraudulent, an… · Go Syfert
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Topic #1576

5 canonical passages across 5 cases, quoted by 293 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Morris v. Princess Cruises.

#Case FlagCanonical passage Citers
1 Morris v. Princess Cruises Anchor
ca9 · 2001
green “joinder of a non-diverse defendant is deemed fraudulent, and the defendant's presence in the lawsuit is ignored for purposes of determining diversity, 'if the plaintiff fails to state a cause of action against a resident defendant, and the failure is obvious according to the set…” 118
2 Grancare v. Ruth Thrower
ca9 · 2018
green “must consider . . . whether a deficiency in the complaint can possibly be cured by granting the plaintiff leave to amend.” 101
3 Marin General Hospital v. Modesto & Empire Traction Co.
ca9 · 2009
green “the burden of establishing federal subject matter jurisdiction falls on the party invoking removal.” 45
4 Sullivan v. First Affiliated Securities, Inc.
ca1 · 1987
green “a suit may be removed to federal court under 28 u.s.c. 1441 (a) only if it could have been brought there originally.” 15
5 Padilla v. AT & T CORP.
cacd · 2009
green “show that there is no possibility that the plaintiff could prevail on any cause of action it brought against the non-diverse defendant” 14

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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