Legal Opinion

Undray D. Ford, Etc. v. Ernie Elsbury

Court of Appeals for the Fifth Circuit

Decided October 20, 1994No. 93-5365PublishedCited by 122 opinions

1Opinion of the Court

REAVLEY, Circuit Judge:

In this appeal we decide whether the district court had diversity jurisdiction because of the fraudulent joinder of a defendant of non-diverse citizenship. We conclude that the district court lacked jurisdiction and should remand the case to state court.

BACKGROUND

On July 28, 1992, an explosion occurred at a fertilizer plant in Westlake, Louisiana owned by appellee Arcadian Corporation (“Arcadian”). The explosion was caused by the rupture of the plant’s urea reactor. Appellant Undray Ford and numerous other named plaintiffs (the “Ford plaintiffs”) filed a class action…

2Cases cited16 opinions

  1. Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
  2. Edward H. Bohlin Co., Inc. v. Banning Co., Inc.Court of Appeals for the Fifth Circuit · 1993
  3. B., Inc. v. Miller Brewing CompanyCourt of Appeals for the Fifth Circuit · 1981
  4. Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
  5. Richard J. Dodson v. Spiliada Maritime Corp.Court of Appeals for the Fifth Circuit · 1992

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

3Cited by122 opinions

  1. Guillory v. PPG Industries, Inc.Court of Appeals for the Fifth Circuit · 2005
  2. Adrian Cavallini v. State Farm Mutual Auto Insurance Co.Court of Appeals for the Fifth Circuit · 1995
  3. United States v. Compaction Systems Corp.District Court, D. New Jersey · 2000
  4. Burden v. General Dynamics Corp.Court of Appeals for the Fifth Circuit · 1995
  5. Texas A&M Research Foundation v. Magna Transportation, Inc.Court of Appeals for the Fifth Circuit · 2003

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

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