Jurisdiction, Venue, and Forum
Removal and Remand
Fraudulent joinder permits a court to ignore the citizenship of a defendant against whom there is no possibility of recovery under state law, or where jurisdictional facts were pleaded fraudulently.
The standard is demanding, requiring that no reasonable basis exists for predicting liability against the non-diverse defendant.
Alternative Names:
Improper Joinder, Fraudulent Misjoinder
Why it Matters?
This doctrine is the principal response to the routine practice of naming a local employee, store manager, or in-state distributor to destroy diversity. The removing defendant carries a heavy burden, and courts resolve doubts in favor of remand, so the argument works best where the claim against the non-diverse defendant is barred as a matter of law rather than merely weak on the facts.
Frequently Confused with
Related terms
Frequently asked questions
What must a removing defendant show?
Is weakness on the merits sufficient?
