Murriel-Don Coal Co., Inc. v. Aspen Ins. UK Ltd.

MEMORANDUM OPINION AND ORDER

AMUL R. THAPAR, District Judge.

When a fisherman wants his boat to stay put in a harbor, he ties it to a dock. When a plaintiff wants his case to stay put in state court, he ties it to a non-diverse defendant. But that might not always be enough to keep the case moored where the plaintiff wants it. Under the doctrine of “fraudulent joinder,” federal courts may sever the non-diverse defendant from the case if the claim against him is so frivolous that its only conceivable purpose is to destroy diversity and prevent removal. The two diverse defendants in this case,…