Legal Opinion
Adrian Cavallini v. State Farm Mutual Auto Insurance Co.
Court of Appeals for the Fifth Circuit
Decided February 23, 1995No. 94-50112PublishedCited by 518 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
The appeal in this removed diversity action concerns fraudulent joinder and enforcement of a settlement agreement, with the critical issue being whether, in order to defeat removal based on fraudulent joinder, the state court complaint in issue here can be expanded by post-removal affidavits or amendment to state a cause of action against the nondi-verse defendant. If removal stands, we must determine whether correspondence between the parties constitutes an enforceable settlement under Texas Rule of Civil Procedure 11 (settlement of action not…
2Cases cited36 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Natividad v. Alexsis, Inc.Texas Supreme Court · 1994
- Pullman Co. v. JenkinsSupreme Court of the United States · 1939
- Arnold v. National County Mutual Fire Insurance Co.Texas Supreme Court · 1987
31 more not listed; retrieve them via the Exa API.
3Cited by518 opinions
- Manguno v. Prudential Property & Casualty InsuranceCourt of Appeals for the Fifth Circuit · 2002
- Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co.Court of Appeals for the Fifth Circuit · 2002
- Morris v. Princess Cruises, Inc.Court of Appeals for the Ninth Circuit · 2001
- Travis v. IrbyCourt of Appeals for the Fifth Circuit · 2003
- Arthur X. Carson v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1997
513 more not listed; retrieve them via the Exa API.