Legal Opinion
Gray Ex Rel. Rudd v. Beverly Enterprises-Mississippi, Inc.
Court of Appeals for the Fifth Circuit
Decided November 10, 2004No. 03-60528, 03-60712 and 03-60768PublishedCited by 153 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
The plaintiffs bring this consolidated interlocutory appeal challenging orders denying their motions for remand to state court after the defendants removed these actions to federal district court. Because the relevant Mississippi law is, at a minimum, ambiguous, there is “arguably a reasonable basis for predicting that the state law might impose liability on the facts involved.... ” Travis v. Irby, 326 F.3d 644, 648 (5th Cir.2003). Under such circumstances, there is no fraudulent joinder, and removal is inappropriate, because the lack of complete diversity…
2Cases cited23 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co.Court of Appeals for the Fifth Circuit · 2002
- Kelli Smallwood v. Illinois Central Railroad Company Mississippi Department of TransportationCourt of Appeals for the Fifth Circuit · 2004
- Clinton v. City of New YorkSupreme Court of the United States · 1998
- Travis v. IrbyCourt of Appeals for the Fifth Circuit · 2003
18 more not listed; retrieve them via the Exa API.
3Cited by153 opinions
- Stewart v. Mississippi Transportation CommissionCourt of Appeals for the Fifth Circuit · 2009
- Vantage Drilling Company v. Hsin-Chi SuCourt of Appeals for the Fifth Circuit · 2014
- Deleese Allen v. Walmart Stores, L.L.C.Court of Appeals for the Fifth Circuit · 2018
- Hughes v. Boston Scientific Corp.Court of Appeals for the Fifth Circuit · 2011
- Williams MD v. Homeland InsuranceCourt of Appeals for the Fifth Circuit · 2021
148 more not listed; retrieve them via the Exa API.