News & Analysis as of

Fraudulent Joinder

Goldberg Segalla

Court Finds No Fraudulent Joinder, Plaintiff Successful on Motion to Remand

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Court: United States District Court for the Northern District of Ohio; April 28, 2023 - This asbestos-related action was brought by plaintiff Carolyn Keiser on behalf of herself and as the executor of her husband,...more

Goldberg Segalla

Plaintiff’s Motion to Remand Granted Due to Lack of Fraudulent Joinder

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Court: United States District Court for the Western District of Washington   Plaintiff Jeffrey Cockrum alleged exposure to asbestos from his work as a laborer and laboratory technician at Alcoa Wenatchee Works, an aluminum...more

McDermott Will & Emery

No Breach of Contract Where Company Disclosed Its Own Non-Public Information

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trade secret lawsuit against a consultant that allegedly failed to prevent its client from disclosing its own proprietary information...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Affirms Dismissal of Breast Implant Cases on Preemption Grounds

The Ninth Circuit has confirmed in quadrophonic sound that plaintiffs cannot avoid preemption by relying on vague and speculative allegations to establish a parallel claim. The court affirmed the dismissal of four lawsuits...more

Cozen O'Connor

Policyholders’ Counsel Test “Mother of All” Covid-19 Coverage Suits in a Bid to Block Insurers’ Path to Federal Court

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Covid-19 has caused trillions in business losses. Whether those losses are covered by commercial property insurance is an existential issue for both policyholders and insurers....more

Jones Day

Snap Removal After Texas Brine: Considerations for Forum Defendants in the Fifth Circuit

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The Situation: Defendants sued in state court are making use of a procedural technique known as "snap removal" to get otherwise non-removable cases into federal court. Snap removal takes advantage of the plain language of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Product Manufacturer Wins Strategic Victory at the Eighth Circuit Court of Appeals

Plaintiff sued a wood chipper manufacturer alleging products liability and failure to warn claims under both strict liability and negligence. The manufacturer filed timely, strategic motions resulting in dismissal of the...more

A&O Shearman

Second Circuit Affirms District Court’s Denial Of Motions To Remand, Finding That Removal Prior To Service Of The Complaints Was...

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On March 26, 2019, the United States Court of Appeals for the Second Circuit affirmed the removal and dismissal of claims brought against two pharmaceutical companies. Gibbons v. Bristol-Myers Squibb Company and Pfizer Inc.,...more

Robinson+Cole Property Insurance Coverage...

Eastern District of New York Magistrate Recommends Denial of a Motion to Remand and Recognizes the Application of the Fraudulent...

Recently, in Mallek v. Allstate Indem. Co. No. 17-CV-5949-KAM-SJB, 2018 U.S. Dist. LEXIS 42171 (E.D.N.Y. Mar. 12, 2018) [insert link], a federal magistrate in New York recommended that the Court deny a plaintiff’s motion to...more

Jaburg Wilk

Arizona Allows Insured to Avoid Removal by Naming Adjuster as Defendant

Jaburg Wilk on

In Chukly v. American Family Mut. Ins. Co., 2017 WL 3262541 (D.Ariz. Aug. 1, 2017) (Order), a breach of contract and insurance bad faith case arising from a homeowners claim after a microburst and “massive rain,” the Arizona...more

Maynard Nexsen

All that Glimmers is Not [Insurance Agency] Gold

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Diversity jurisdiction requires complete diversity among plaintiffs and defendants. While it is difficult for a defendant to remove a case with a nondiverse defendant, removal can be accomplished through the doctrine of...more

Maynard Nexsen

Bad Faith: District Court Remands Case Involving In-house Adjuster

Maynard Nexsen on

Recently, the United States District Court in South Carolina closed the door on removal of insurance bad faith actions where the in-house, non-diverse, claims adjuster is a co-defendant. In Aung v. GEICO, C.A. No.:...more

Searcy Denney Scarola Barnhart & Shipley

Biomet Hip MDL Judge Remanded Florida Cases to State Court

Plaintiffs, Griseth DeJesus, Chanton Harris and Rita Taranto sued in Florida State Court asserting that they were injured by hip implant manufactured by Biomet Inc. and Biomet Orthopedics LLC. According to the complaints,...more

Benesch

The House Has Passed H.R.725: The Innocent Party Protection Act

Benesch on

On March 9, 2017, at 7:19 p.m., by a vote of 224 to 194, with eleven members not voting, the House of Representatives passed The Innocent Party Protection Act. All 227 “ayes” were Republicans, and of the nays (or “noes,” as...more

Morrison & Foerster LLP - Class Dismissed

Plaintiffs’ Fraudulent Joinder Tactic Results in Dismissal

Defendants successfully argued “fraudulent joinder” in Bahalim v. Ferring Pharmaceuticals, Inc., winning dismissal of the case in its entirety. The case was decided on Plaintiffs’ motion to remand and Defendants’ motions to...more

Zelle  LLP

Texas Courts' Consistent Inconsistency on Improper Joinders

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Throughout the onslaught of the Texas hail litigation epidemic, policyholder lawyers and firms representing insurance carriers continue to battle over whether these cases belong in Texas state court or are more properly...more

Foley Hoag LLP

Product Liability Update: January 2016

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Supreme Court Holds Defendant Cannot Moot Putative Class Action by Making Unaccepted Offer of Judgment for Complete Relief to Representative Plaintiff - In Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 U.S. LEXIS 846 (S....more

Zelle  LLP

The Wild West of Improper Joinder in North Texas

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In 1998, the Texas Supreme Court recognized that an insurance claim adjuster can be held personally liable for a breach of the Texas Insurance Code. Based on this precedent, it has become commonplace for claim adjusters to be...more

Foley Hoag LLP

Product Liability Update - July 2015

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Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

Saul Ewing Arnstein & Lehr LLP

Court Rules That Insured Claims Against an Insurer’s Adjuster May Be Possible

A federal district judge has ruled that Pennsylvania law may permit an insured to sue an insurer’s employee-adjusters for negligence and violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law...more

Smith Anderson

The Fraudulent Joinder Doctrine...It’s Not Just For Fraud Or Joinder

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In Weidman v. ExxonMobil Corporation, et al., No. 13-2007 (4th Cir., January 8, 2015), the Fourth Circuit confirmed that the “fraudulent joinder” doctrine requires neither an allegation of fraud nor a situation involving a...more

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