Topic: the defendant seeking removal bears a heavy burden of provi… · Go Syfert
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Topic #18235

3 canonical passages across 2 cases, quoted by 22 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 John PAMPILLONIA, Plaintiff-Appellant, v. RJR NABISCO, INC., Nabisco Foods Group, Planters Lifesavers Company, Defendants-Appellees.

#Case FlagCanonical passage Citers
1 John PAMPILLONIA, Plaintiff-Appellant, v. RJR NABISCO, INC., Nabisco Foods Group, Planters Lifesavers Company, Defendants-Appellees Anchor
ca2 · 1998
green “the defendant seeking removal bears a heavy burden of proving fraudulent joinder, and all factual and legal issues must be resolved in favor of the plaintiff.” 12
2 Universal Truck & Equipment Co. v. Southworth-Milton, Inc.
ca1 · 2014
green “under the doctrine of fraudulent joinder, removal is not defeated by the joinder of a non-diverse defendant where there is no reasonable possibility that the state's highest court would find that the complaint states a cause of action upon which relief may be granted against the…” 6
3 Universal Truck & Equipment Co. v. Southworth-Milton, Inc.
ca1 · 2014
green “removal is not defeated by the joinder of a non-diverse defendant where there is no reasonable possibility that the state's highest court would find that the complaint states a cause of action upon which relief may be granted against the non-diverse defendant.” 4

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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