Legal Opinion

McLin v. H & H LURE CO.

District Court, M.D. Louisiana

Decided June 2, 2000No. CIV.A. 99-347-B-M1PublishedCited by 3 opinions

1Opinion of the Court

ORDER

POLOZOLA, Chief Judge.

The defendants removed this diversity case alleging that Cynthia Mclin’s employer was fraudulently joined to defeat the Court’s diversity jurisdiction under 28 U.S.C. § 1332. Because the Court finds that the defendant William 0. Humphrey’s, Inc. (Humphrey’s) was fraudulently joined, the Court has subject matter jurisdiction to hear this case. Accordingly, the defendant Humphrey’s motion to dismiss 1 under Federal Rule of Civil Procedure 12(b)(6) is Granted.

I. Background

The plaintiffs originally filed this suit in a Louisiana state district court. The petition…

2Cases cited21 opinions

  1. B., Inc. v. Miller Brewing CompanyCourt of Appeals for the Fifth Circuit · 1981
  2. Bazley v. TortorichSupreme Court of Louisiana · 1981
  3. Thais Carriere, Widow of Samuel Carriere, Iv, Individually and on Behalf of Her Minor Child v. Sears, Roebuck and CompanyCourt of Appeals for the Fifth Circuit · 1990
  4. Jernigan v. Ashland Oil Inc.Court of Appeals for the Fifth Circuit · 1993
  5. Undray D. Ford, Etc. v. Ernie ElsburyCourt of Appeals for the Fifth Circuit · 1994

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3Cited by3 opinions

  1. Hardy v. DucoteDistrict Court, W.D. Louisiana · 2003
  2. Reese v. ICF Emergency Management Services, Inc.District Court, M.D. Louisiana · 2010
  3. Garcia v. Westlake Chemical CorporationDistrict Court, M.D. Louisiana · 2019

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