Topic: there are two ways to establish fraudulent joinder: '(1) ac… · Go Syfert
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Topic #4804

5 canonical passages across 5 cases, quoted by 70 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 Grancare v. Ruth Thrower.

#Case FlagCanonical passage Citers
1 Grancare v. Ruth Thrower Anchor
ca9 · 2018
green “there are two ways to establish fraudulent joinder: '(1) actual fraud in the pleading of jurisdictional facts, or (2) inability of the plaintiff to establish a cause of action against the non-diverse party in state court.” 26
2 Good v. Prudential Insurance Co. of America
cand · 1998
green “no possibility that plaintiff will be able to establish a cause of action in state court against the alleged sham defendant.” 14
3 MacEy v. Allstate Property & Casualty Insurance
cand · 2002
green “if there is a non-fanciful possibility that plaintiff can state a claim under california law against the non-diverse defendants the court must remand.” 14
4 Mireles v. Wells Fargo Bank, N.A.
cacd · 2012
green “must show that the relevant state law is so well settled that plaintiff 'would not be afforded leave to amend his complaint to cure the purported deficiency.” 8
5 Diaz v. Allstate Insurance Group
cacd · 1998
green “merely showing that an action is likely to be dismissed against that defendant does not demonstrate fraudulent joinder.” 8

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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