Fraudulent Misjoinder – Paul Mollica's Federal Courts Blog

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”