Legal Opinion
Carter v. State Farm Fire & Casualty Co.
District Court, S.D. Indiana
Decided February 8, 2012No. 1:11-cv-1286-RLY-DKLPublishedCited by 8 opinions
1Opinion of the Court
ORDER OF REMAND
RICHARD L. YOUNG, Chief Judge.
This lawsuit was removed to this court from Hamilton Superior Court on September 22, 2011, with Defendants claiming the presence of federal jurisdiction based upon diversity. Defendants claim diversity jurisdiction exists, despite the fact that there are non-diverse parties named as Defendants, because those non-diverse parties have been fraudulently joined. Plaintiffs have moved the court to remand this case, arguing that no party has been fraudulently joined.
Defendants bear the “heavy burden” of proving fraudulent joinder. Poulos v. Naas Foods,…
2Cases cited20 opinions
- Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
- Stephen B. Batoff, ph.d. v. State Farm Insurance Company, Leonard M. Paul, ed.dCourt of Appeals for the Third Circuit · 1992
- Gus Poulos and A.G.P. Marketing v. Naas Foods, Incorporated and Ranks, Hovis, McDougall Plc Group (Rhm Holdings U.S.A. Incorporated)Court of Appeals for the Seventh Circuit · 1992
- Jane Doe v. Allied-Signal, Inc.Court of Appeals for the Seventh Circuit · 1993
- Crowe v. ColemanCourt of Appeals for the Eleventh Circuit · 1997
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3Cited by8 opinions
- Philadelphia Indemnity Insurance v. We Pebble PointDistrict Court, S.D. Indiana · 2014
- Batistatos v. City of HammondDistrict Court, N.D. Indiana · 2025
- Batistatos v. Lake County Convention and Visitors BureauDistrict Court, N.D. Indiana · 2023
- Batistatos v. Lake County Convention and Visitors BureauDistrict Court, N.D. Indiana · 2023
- Batistatos v. Lake County Convention and Visitors BureauDistrict Court, N.D. Indiana · 2023
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