Rico v. Flores

PRADO, Circuit Judge:

Plaintiff-appellant Juvenal Esparza Rico and numerous other plaintiffs-appellants (collectively, “Plaintiffs”), who represent the estates of ten deceased illegal immigrants, appeal the district court’s order finding that non-diverse defendants Arnulfo Flores, Jr. (“Flores”), and Norma Arria-ga Trevino (“Trevino”) were improperly joined and denying Plaintiffs’ motion to remand to Texas state court. Because we conclude that the application of the Texas unlawful acts rule to Plaintiffs’ claims is too uncertain to support a finding of improper joinder, we REVERSE the order of…