Katz v. Costa Armatori, S.P.A.

FINAL ORDER OF REMAND

JAMES LAWRENCE KING, Chief Judge.

Plaintiffs’ motion to remand presents a common question, albeit in a limited context: whether a state court’s summary adjudication in favor of a nondiverse defendant entitles the sole remaining diverse defendant to remove the case to federal court. The question ordinarily is answered negatively, unless the nondiverse defen dant was “fraudulently joined.” A precise parameter for this “fraudulent joinder” exception has not conclusively been surveyed, and today the court lends its voice to the debate over this exception’s scope.

The plaintiffs…