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Full-Text Articles in Law
Driving Misjoinder: The Improper Party Problem In Removal Jurisdiction, Laura J. Hines, Steven S. Gensler
Driving Misjoinder: The Improper Party Problem In Removal Jurisdiction, Laura J. Hines, Steven S. Gensler
ExpressO
This Article explores, and ultimately embraces, a new exception to the complete diversity rule in removal cases: the doctrine of procedural misjoinder. We argue that the doctrine offers federal courts a vital tool with which to police joinder gamesmanship. Absent this power, plaintiffs may preclude defendant access to federal courts by the relatively simple expedient of joining in state court largely unrelated claims against or on behalf of non-diverse parties. The resulting lawsuit thus fails the complete diversity test, rendering such cases removal-proof. Like fraudulent joinder, the long-standing practice of ignoring non-diverse parties against whom no valid claim may be …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
A Device Designed To Manipulate Diversity Jurisdiction: Why Courts Should Refuse To Recognize Post-Removal Damage Stipulations, Benjamin T. Clark
A Device Designed To Manipulate Diversity Jurisdiction: Why Courts Should Refuse To Recognize Post-Removal Damage Stipulations, Benjamin T. Clark
Oklahoma Law Review
No abstract provided.