Legal Opinion

Bailey v. Bayer Cropscience L.P.

Court of Appeals for the Eighth Circuit

Decided April 9, 2009No. 07-3699PublishedCited by 101 opinions

1Opinion of the Court

RILEY, Circuit Judge.

Carl W. Bailey, Sr. (Bailey) filed suit against Bayer CropScience (BCS) in Missouri state court, alleging intentional infliction of emotional distress (IIED). BCS removed the case to federal court. Bailey subsequently moved to amend the complaint by adding two additional defendants. Bailey did not notify the court such joinder would destroy diversity. The district court2 permitted joinder, and Bailey then moved to remand due to lack of jurisdiction. Upon learning the joinder destroyed diversity, the district court reconsidered its prior decision, and dismissed the joined…

2Cases cited20 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Newman-Green, Inc. v. Alfonzo-LarrainSupreme Court of the United States · 1989
  3. Hensgens v. Deere & Co.Court of Appeals for the Fifth Circuit · 1987
  4. Shirley A. WILLIAMS, Appellant, v. LITTLE ROCK MUNICIPAL WATER WORKS, AppelleeCourt of Appeals for the Eighth Circuit · 1994
  5. Temple v. Synthes Corp.Supreme Court of the United States · 1991

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3Cited by101 opinions

  1. Schur v. L.A. Weight Loss Centers, Inc.Court of Appeals for the Seventh Circuit · 2009
  2. Lustgraaf v. BehrensCourt of Appeals for the Eighth Circuit · 2010
  3. Michael Avenatti v. Fox News Network LLCCourt of Appeals for the Third Circuit · 2022
  4. Grace Gillis v. The Principia CorporationCourt of Appeals for the Eighth Circuit · 2016
  5. M & B Oil, Inc. v. Federated Mutual Insurance CoCourt of Appeals for the Eighth Circuit · 2023

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