News & Analysis as of

Improper Joinder

Goldberg Segalla

Talc Case Remanded as Defendant Failed to Show Complete Diversity or Improper Joinder

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U.S. District Court for the Southern District of Texas, Houston Division, March 17, 2022 - In this asbestos action, plaintiff Naomi Wisener alleged that several defendants manufactured or supplied asbestos-containing...more

Bass, Berry & Sims PLC

Federal Circuit Holds that Issue Joinder is Unavailable in IPRs

Bass, Berry & Sims PLC on

In Facebook, Inc. v. Windy City Innovations, LLC, No. 2018-1400 (Fed. Cir. Mar. 18, 2020), the Federal Circuit held that the “clear and unambiguous text of” 35 U.S.C. § 315(c) does not authorize “same-party joinder” and...more

Zelle  LLP

5th Circ. Brings Consistency to Improper-Joinder Analysis

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Weather events in recent years have led to a surge of lawsuits seeking coverage for property damage. Often, in an effort to defeat diversity jurisdiction, a Texas resident will sue both a foreign insurance company and a...more

Butler Snow LLP

Capturing Flagg: Fifth Circuit, En Banc, Holds that Failure to Complete Pre-suit Medical Board Review Renders Med Mal Defendants...

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We previously wrote about the Fifth Circuit’s panel decision and the defendants’ petition for rehearing en banc in this case. As we reported earlier, the issue is whether a non-diverse defendant is improperly joined by...more

Zelle  LLP

The Uncertainty of Remand in Texas

Zelle LLP on

The United States District Courts in Texas continue to issue conflicting opinions regarding the analysis to be used in determining whether a state court petition contains sufficient allegations against a nondiverse defendant...more

Butler Snow LLP

Back up the Flagg pole: Fifth Circuit to reconsider improper joinder case en banc after panel votes to remand

Butler Snow LLP on

We wrote a while back that the Fifth Circuit held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the non-diverse healthcare provider defendants to...more

Butler Snow LLP

Taking Down the Flagg: Fifth Circuit Remands Med Mal & Device Case for Lack of Diversity Despite Uncompleted Administrative Review...

Butler Snow LLP on

A divided panel (2-1) of the U.S. Circuit Court of Appeals for the Fifth Circuit recently held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the...more

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