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.

22 minute read April 02, 2004 at 12:48 AM

By

Melissa R. Levin And Heather K. Hays