Legal Opinion
In Re: Benjamin Moore & Co., Wholly-Owned Subsidiary of Berkshire Hathaway Inc., Danny Borden, Plaintiffs-Respondents
Court of Appeals for the Fifth Circuit
Decided December 18, 2002No. 02-60714PublishedCited by 112 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
Seventeen plaintiffs, all Mississippi residents, filed suit against diverse paint manufacturers and distributors, as well as 33 Mississippi retail establishments, asserting product liability claims for alleged exposure to paint that contained lead. The diverse manufacturers and distributors removed the case to federal court, claiming that the Mississippi retail establishments were fraudulently joined as defendants. The plaintiffs moved to remand.
In opposition to the motion to remand, the removing defendants asserted, in a footnote, that the plaintiffs were…
2Cases cited6 opinions
- Tapscott v. MS Dealer Service Corp.Court of Appeals for the Eleventh Circuit · 1996
- Cheryl Cohen, on Behalf of Herself and Others Similarly Situated v. Office Depot, Inc., a Florida CorporationCourt of Appeals for the Eleventh Circuit · 2000
- Doleac v. MichalsonCourt of Appeals for the Fifth Circuit · 2001
- David E. Tillman v. Csx Transportation, Inc. & Marler L. BennettCourt of Appeals for the Fifth Circuit · 1991
- In re Benjamin Moore & Co.Court of Appeals for the Fifth Circuit · 2002
1 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- Schiller v. Physicians Resource Group Inc.Court of Appeals for the Fifth Circuit · 2003
- Prempro Products Liability Litigation v. WyethCourt of Appeals for the Eighth Circuit · 2010
- Williams MD v. Homeland InsuranceCourt of Appeals for the Fifth Circuit · 2021
- Don Powers v. Northside Independent Sch DisCourt of Appeals for the Fifth Circuit · 2020
- In Re Silica Products Liability LitigationDistrict Court, S.D. Texas · 2005
107 more not listed; retrieve them via the Exa API.