Topic: a test similar to, but more lenient than, the analysis appl… · Go Syfert
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Topic #4332

6 canonical passages across 4 cases, quoted by 76 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 Joseph Casias v. Wal-Mart Stores, Inc..

#Case FlagCanonical passage Citers
1 Joseph Casias v. Wal-Mart Stores, Inc. Anchor
ca6 · 2012
green “a test similar to, but more lenient than, the analysis applicable to a rule 12(b)(6) motion to dismiss.” 18
2 Jerome-Duncan, Inc. v. Auto-By-Tel, L.L.C., Auto-By-Tel Marketing Corporation, and North Brothers Ford, Inc.
ca6 · 1999
green “the removing defendant may avoid remand only by demonstrating that the non-diverse party was fraudulently joined.” 14
3 Jerome-Duncan, Inc. v. Auto-By-Tel, L.L.C., Auto-By-Tel Marketing Corporation, and North Brothers Ford, Inc.
ca6 · 1999
green “when a non-diverse party has been joined as a defendant, then in the absence of a substantial federal question the removing defendant may avoid remand only by demonstrating that the non-diverse party was fraudulently joined.” 13
4 K & T Enterprises, Inc., D/B/A Dairy Queen of Blissfield, and Tahani Khoury v. Zurich Insurance Company, Cross-Appellee
ca6 · 1996
green “provides the substantive law governing diversity cases.” 12
5 Christensen v. ATS, Inc.
kyed · 2014
green “if the plaintiff has even a 'glimmer of hope,' then any charge of fraudulent joinder fails, and the court must remand the case to state court for want of subject matter jurisdiction.” 12
6 Joseph Casias v. Wal-Mart Stores, Inc.
ca6 · 2012
green “similar to, but more lenient than, the analysis applicable to a rule 12(b)(6) motion to dismiss.” 7

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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