Fraudulent Joinder

Definition

A legal doctrine that allows a defendant to remove a case to federal court by arguing that a non-diverse co-defendant was joined solely to defeat diversity jurisdiction, not because the plaintiff has a legitimate claim against them. If the court agrees, the non-diverse defendant is dismissed and the case stays in federal court.

Examples

• •Hain Celestial argued Whole Foods was fraudulently joined to keep the case in Texas state court, since Whole Foods' Texas citizenship would destroy diversity.

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