Remote Possibility

December 19, 2013

  • 170B Federal Courts
  • 170BIV Citizenship, Residence or Character of Parties, Jurisdiction Dependent on
  • 170BIV(B) Controversies Between Citizens of Different States
  • 170Bk303 k. Improper or Collusive Making or Joinder of Parties.

170B Federal CourtsThe possibility that a non-diverse defendant could be liable, for purposes of fraudulent joinder determination, must be reasonable, not merely theoretical, with “possible” meaning more than such a possibility that a designated residence can be hit by a meteor tonight.

Culpepper v. Stryker Corp., 2013 WL 4852307 (M.D. Ala. Sept. 12, 2013)

Suggested by Barbara Bozonie, Principal Attorney Editor; Thomson Reuters; Eagan, Minn.