Gary Bryant v. Ford Motor Co.

The court has taken this case en banc to resolve a problem that has vexed our district courts for some time: how to treat fictitious parties — so-called Doe defendants — when a case is removed from state court on the basis of diversity of citizenship. That the problem is real and serious is without doubt.1 Far more in doubt is the court’s solution. The court does not explain why it has chosen that particular approach to the problem, nor does it consider alternatives that might better reconcile the relevant state and federal interests.

The court’s lack of analysis reflects, perhaps, the dearth…