Legal Opinion

Annette Florence v. Crescent Resources, LLC

Court of Appeals for the Eleventh Circuit

Decided April 18, 2007No. 06-13587, 06-13588, 06-13589 and 06-14206PublishedCited by 71 opinions

1Opinion of the Court

COX, Circuit Judge:

We address in these appeals the question of fraudulent joinder of a resident defendant in the context of removal jurisdiction. Applying the rule that any ambiguity or doubt about whether state law might impose liability on a resident defendant favors remand, we conclude that the district court should have remanded these cases to state court.

I. PROCEDURAL HISTORY

Plaintiffs Annette Florence, William Burke, Robert Burns, and Lethesa Reli-ford as personal representative of the estate of Ceola Reliford filed individual lawsuits against Crescent Resources, LLC (“Crescent”) and…

2Cases cited7 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Lincoln Property Co. v. RocheSupreme Court of the United States · 2005
  3. Crowe v. ColemanCourt of Appeals for the Eleventh Circuit · 1997
  4. Jacqueline D. Henderson v. Washington NationalCourt of Appeals for the Eleventh Circuit · 2006
  5. Frank W. Parks and John Patterson v. The New York Times CompanyCourt of Appeals for the Fifth Circuit · 1962

2 more not listed; retrieve them via the Exa API.

3Cited by71 opinions

  1. Hunter v. Philip Morris USACourt of Appeals for the Ninth Circuit · 2009
  2. Moore Ex Rel. Estate of Rice v. North America Sports, Inc.Court of Appeals for the Eleventh Circuit · 2010
  3. Dial v. Healthspring of Alabama, Inc.Court of Appeals for the Eleventh Circuit · 2008
  4. Nelson v. Whirlpool Corp.District Court, S.D. Alabama · 2009
  5. Donald H. Kimball v. Better Business Bureau of West FloridaCourt of Appeals for the Eleventh Circuit · 2015

66 more not listed; retrieve them via the Exa API.

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