Legal Opinion
B., Inc. v. Miller Brewing Company
Court of Appeals for the Fifth Circuit
Decided December 10, 1981No. 80-1871PublishedCited by 533 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
In this case we are confronted with a question of forum rather than substance. We are called upon to review the standards and procedures which are to be applied where it has been alleged that the plaintiff in a civil action has “fraudulently joined” a defendant for the sole purpose of defeating the federal court’s diversity jurisdiction.
This is hardly a matter of first impression. Nevertheless, we shall take this opportunity to reaffirm what the cases already hold: district courts must not “pretry” substantive factual issues in order to answer the discrete threshold…
2Cases cited36 opinions
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Carroll v. United StatesSupreme Court of the United States · 1957
- In Re Ben CarterCourt of Appeals for the Fifth Circuit · 1980
- Frank W. Parks and John Patterson v. The New York Times CompanyCourt of Appeals for the Fifth Circuit · 1962
- Bobby Jones Garden Apartments, Inc. v. F. R. SuleskiCourt of Appeals for the Fifth Circuit · 1968
31 more not listed; retrieve them via the Exa API.
3Cited by533 opinions
- Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co.Court of Appeals for the Fifth Circuit · 2002
- Howery v. Allstate Ins CompanyCourt of Appeals for the Fifth Circuit · 2001
- Guillory v. PPG Industries, Inc.Court of Appeals for the Fifth Circuit · 2005
- James F. Boyer and Mary R. Boyer v. Snap-On Tools Corporation, Kenneth Baldwin and Keith A. Kaiser. Appeal of James F. Boyer and Mary R. BoyerCourt of Appeals for the Third Circuit · 1990
- Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988
528 more not listed; retrieve them via the Exa API.