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JONCTION FRAUDULEUSE [1 record]

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Record 1 2007-06-20

English

Subject field(s)
  • Practice and Procedural Law
  • Legal Actions
DEF

The bad-faith joinder of a party, usually a resident of the state, to prevent removal of a case to federal court.

CONT

In order to defeat federal court jurisdiction, it is improper but possible for a complaint to be filed in state court naming a non-diverse defendant "fraudulently," i.e., naming a defendant against whom a good faith claim could not be asserted solely for the purpose of defeating federal court jurisdiction. An action wherein "fraudulent joinder" has occurred may nonetheless be removed. Fraudulent joinder is a judicially created exception to the requirement of complete diversity.

French

Domaine(s)
  • Droit judiciaire
  • Actions en justice

Spanish

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