Legal Opinion
Conk v. RICHARDS & O'NEIL, LLP
District Court, S.D. Indiana
Decided December 8, 1999No. IP-99-0922-C H/GPublishedCited by 28 opinions
1Opinion of the Court
ENTRY REMANDING ACTION TO STATE COURT
HAMILTON, District Judge.
The central issue in this case is whether the presence of an Indiana citizen as a defendant in this diversity action properly defeats removal from state court or whether removal was proper because the Indiana citizen was fraudulently joined as a defendant. The case also presents issues concerning whether a court may consider factual assertions outside the pleadings in deciding a question of fraudulent joinder, as well as when joinder of arguably separate and independent claims against different defendants may amount to fraudulent…
2Cases cited57 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Bell v. HoodSupreme Court of the United States · 1946
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Carden v. Arkoma AssociatesSupreme Court of the United States · 1990
- Venture Associates Corporation, a Tennessee Corporation v. Zenith Data Systems Corporation, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1993
52 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Federal Insurance Company v. TYCO INTERNATIONALDistrict Court, S.D. New York · 2006
- MBIA Ins. Corp. v. Royal Bank of CanadaDistrict Court, S.D. New York · 2009
- Rutherford v. Merck & Co., Inc.District Court, S.D. Illinois · 2006
- Jamison v. Purdue Pharma Co.District Court, S.D. Mississippi · 2003
- Grennell v. Western Southern Life InsuranceDistrict Court, S.D. West Virginia · 2004
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