Tag Archives: Fraudulent Misjoinder

Seventh Circuit Rejects Extension of Fraudulent Joinder Doctrine, as an Exception to Diversity Jurisdiction, to Examination of Whether the Plaintiff’s Legal Team Intends to Pursue Claims Against the Non-Diverse Defendants

In In re Abbott Laboratories, No. 25-2327 (7th Cir. July 28, 2026), the Seventh Circuit reverses an order denying a remand of a products liability case to state court, holding that the district court exceeded the bounds of the fraudulent joinder doctrine by considering whether the plaintiffs’ lawyers “demonstrated sufficient intent to pursue claims against”Continue reading “Seventh Circuit Rejects Extension of Fraudulent Joinder Doctrine, as an Exception to Diversity Jurisdiction, to Examination of Whether the Plaintiff’s Legal Team Intends to Pursue Claims Against the Non-Diverse Defendants”

Split Fifth Circuit Panel Rejects Eleventh Circuit’s “Fraudulent Misjoinder” Doctrine to Rescue Removed Case and Remands to State Court

In Williams v. Homeland Ins. Co., No. 20-30196 (5th Cir. Nov. 30, 2021), the panel split three ways in addressing whether there was full diversity in a removed action, with the majority holding that that no misjoinder doctrine could rescue the case from remand. The case had proceeded for over a decade in state andContinue reading “Split Fifth Circuit Panel Rejects Eleventh Circuit’s “Fraudulent Misjoinder” Doctrine to Rescue Removed Case and Remands to State Court”