Legal Opinion

Freitas v. McKesson Corp.

District Court, E.D. Kentucky

Decided July 17, 2012No. Master File No. 2: 11-md-2226-DCR; MDL No. 2226; Civil Action No. 2: 12-50-DCRPublishedCited by 31 opinions

1Opinion of the Court

*934AMENDED MEMORANDUM OPINION AND ORDER1

DANNY C. REEVES, District Judge.

The plaintiffs’ Motion to Remand has been fully briefed and is pending for review. [MDL Record No. 1137] They argue that the Court lacks subject matter jurisdiction to hear their products-liability claims because the parties are not completely diverse. Conversely, the defendants maintain that Defendant McKesson Corporation was fraudulently joined and, therefore, its citizenship does not defeat diversity. For the reasons explained below, the plaintiffs’ motion- will be granted.

I

This matter was originally filed in California…

2Cases cited19 opinions

  1. Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
  2. Newman-Green, Inc. v. Alfonzo-LarrainSupreme Court of the United States · 1989
  3. Hunter v. Philip Morris USACourt of Appeals for the Ninth Circuit · 2009
  4. Lincoln Property Co. v. RocheSupreme Court of the United States · 2005
  5. James F. Boyer and Mary R. Boyer v. Snap-On Tools Corporation, Kenneth Baldwin and Keith A. Kaiser. Appeal of James F. Boyer and Mary R. BoyerCourt of Appeals for the Third Circuit · 1990

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3Cited by31 opinions

  1. Red Hed Oil, Inc. v. H.T. Hackney Co.District Court, E.D. Kentucky · 2017
  2. Combs v. ICG Hazard, LLCDistrict Court, E.D. Kentucky · 2013
  3. ABC Daycare & Learning Center v. West Bend Mutual Insurance CompanyDistrict Court, E.D. Kentucky · 2020
  4. Adams v. 3M CompanyDistrict Court, E.D. Kentucky · 2022
  5. Banks v. 3M CompanyDistrict Court, E.D. Kentucky · 2022

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