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Fraudulent Joinder
As most pharmaceutical and medical device products liability cases are based on state law claims, diversity jurisdiction may be the only way to obtain a federal forum. Plaintiffs often join non-diverse defendants, such as local doctors, hospitals, pharmacies, employees and/or sales representatives, in an attempt to defeat diversity jurisdiction and prevent removal of cases to federal court. Defendants — who generally prefer to proceed in federal court — may be able to remove such cases for fraudulent joinder using some of the following arguments.
Fraudulent Joinder
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