Legal Opinion
Kelli Smallwood v. Illinois Central Railroad Company Mississippi Department of Transportation
Court of Appeals for the Fifth Circuit
Decided September 10, 2004No. 02-60782PublishedCited by 943 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Today we decide a narrow but not unimportant question regarding diversity jurisdiction in federal courts and the application of the doctrine of “improper joinder.”1 This is the first time this Court en banc has addressed the issue of improper join-der, although a number of panels of this Court have previously addressed it. We hold that, when a nonresident defendant’s showing that there is no reasonable basis for predicting that state law would allow recovery against an in-state defendant equally disposes of all defendants, there is no improper joinder of…
2Cases cited13 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- 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
- Travis v. IrbyCourt of Appeals for the Fifth Circuit · 2003
- Joe B. RITCHEY, Plaintiff-Appellant, v. UPJOHN DRUG COMPANY; William Dement, Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1998
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
8 more not listed; retrieve them via the Exa API.
3Cited by943 opinions
- Hunter v. Philip Morris USACourt of Appeals for the Ninth Circuit · 2009
- Grancare v. Ruth ThrowerCourt of Appeals for the Ninth Circuit · 2018
- Guillory v. PPG Industries, Inc.Court of Appeals for the Fifth Circuit · 2005
- Schur v. L.A. Weight Loss Centers, Inc.Court of Appeals for the Seventh Circuit · 2009
- Jennifer Gasch and Tammy Gasch, as Next Friend to Z.G., a Minor v. Hartford Accident & Indemnity Company and Karen FrazierCourt of Appeals for the Fifth Circuit · 2007
938 more not listed; retrieve them via the Exa API.