Legal Opinion

Ashton Medical Associates, Inc. v. Aetna Health Management, Inc.

District Court, S.D. West Virginia

Decided July 27, 2005No. 5:05-mj-00023Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the court is the plaintiffs motion to remand [Docket 7]. Also pending is the defendant Elaine Rader’s motion to dismiss [Docket 3] and the defendant Aetna Health Management Inc.’s motion to dismiss [Docket 5]. For the reasons discussed herein, the court has determined that defendant Rader was fraudulently joined in this action to destroy diversity jurisdiction, and, accordingly, the plaintiffs motion to remand [Docket 7] is DENIED. Because defendant Rader was fraudulently joined, all of the claims against her are DISMISSED,…

2Cases cited14 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Strawbridge v. CurtissSupreme Court of the United States · 1806
  3. Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
  4. Patricia J. Mayes v. Stanley Rapoport Judith Rapoport David Key, D/B/A Key Coffee Roasters, IncorporatedCourt of Appeals for the Fourth Circuit · 1999
  5. Mildred MARSHALL, Plaintiff-Appellant, v. MANVILLE SALES CORPORATION, Defendant-Appellee, and Robert L. Mason, DefendantCourt of Appeals for the Fourth Circuit · 1993

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