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Pharmaceutical And Medical Device Litigation
Part One of this article described some general principles regarding the concept of fraudulent joinder and the patchwork of conflicting definitions and procedures for analyzing fraudulent joinder that has developed in the Circuit Courts. This conclusion offers strategies for defeating fraudulent joinder.
Suggested Strategies
Since the burden on a defendant to demonstrate fraudulent joinder is typically heavy and inferences are resolved in favor of the plaintiff, claims of fraudulent joinder have not been overwhelmingly successful. Nevertheless, a defendant can increase the likelihood that the district court will find fraudulent joinder and retain jurisdiction over the case. Below are a few general strategies to consider when challenging the joinder of a local sales representative:
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