Legal Opinion

Smotherman v. Texaco Exploration & Production, Inc.

District Court, E.D. Texas

Decided July 24, 2001No. 1:01-cv-00281Published

1Opinion of the Court

MEMORANDUM

COBB, District Judge.

■ This is a personal injury suit wherein Plaintiff Robert Smotherman alleges that he was assaulted and injured by a Nigerian villager while working on a production platform offshore Lagos, Nigeria. Plaintiff moves to remand the case to state court. He contends that — contrary to Defendants’ assertion — he did not fraudulently join the only Texas resident defendant, and, therefore, the Court should remand the case. The Court concludes that Plaintiff did fraudulently join Texaco Exploration and Production, Inc., and thus, has failed to state a cause of action…

2Cases cited12 opinions

  1. Strawbridge v. CurtissSupreme Court of the United States · 1806
  2. Castleberry v. BranscumTexas Supreme Court · 1986
  3. Gerry M. Griggs v. State Farm Lloyds Lark P. BlumCourt of Appeals for the Fifth Circuit · 1999
  4. Richard J. Dodson v. Spiliada Maritime Corp.Court of Appeals for the Fifth Circuit · 1992
  5. Thais Carriere, Widow of Samuel Carriere, Iv, Individually and on Behalf of Her Minor Child v. Sears, Roebuck and CompanyCourt of Appeals for the Fifth Circuit · 1990

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