16 Cited authorities

Bonner v. City of Prichard
661 F.2d 1206 (11th Cir. 1981) Cited 15,983 times 2 Legal Analyses
Holding that all decisions from the Fifth Circuit Court of Appeals issued prior to the close of business on September 30, 1981, are binding precedent in the Eleventh Circuit
Triggs v. John Crump Toyota, Inc.
154 F.3d 1284 (11th Cir. 1998) Cited 939 times 1 Legal Analyses
Holding that "an action may nevertheless be removable if the joinder of the non-diverse party . . . were fraudulent"
Crowe v. Coleman
113 F.3d 1536 (11th Cir. 1997) Cited 663 times
Holding that "federal courts are not to weigh the merits of a plaintiff's claim beyond determining whether it an arguable one under state law"
Russell Corp. v. American Home Assur. Co.
264 F.3d 1040 (11th Cir. 2001) Cited 426 times
Holding that a remand order is subject to appellate review if it is based on a substantive determination outside the removal process, such as interpretation of a forum selection clause
Shaw v. Dow Brands, Inc.
994 F.2d 364 (7th Cir. 1993) Cited 489 times 1 Legal Analyses
Holding that FIFRA preempts state common law causes of action
Gooding v. University Hosp. Bldg., Inc.
445 So. 2d 1015 (Fla. 1984) Cited 256 times 1 Legal Analyses
Holding that, in a wrongful death case arising out of alleged medical malpractice, the plaintiff must show the decedent would probably have survived had the care not been negligent
Thorn v. Amalgamated Transit Union
305 F.3d 826 (8th Cir. 2002) Cited 130 times
Holding nominal parties need not join in a petition to remove
Tri-Cities Newspapers v. Tri-Cities
427 F.2d 325 (5th Cir. 1970) Cited 262 times
Recognizing that the ultimate test of whether a defendant is an indispensable party "is whether in the absence of the defendant, the court can enter a final judgment consistent with equity and good conscience which would not be in any way unfair or inequitable to plaintiff"
Kukral v. Mekras
679 So. 2d 278 (Fla. 1996) Cited 118 times
Holding that since non-noticed defendant bears a legal relationship to the prospective defendant who received pre-suit notice, separate notice to the non-noticed defendant was not necessary
Parks v. New York Times Company
308 F.2d 474 (5th Cir. 1962) Cited 280 times
Holding that joinder is fraudulent if under the laws of the state the facts asserted against the resident defendant could not possibly create liability
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 49,858 times 149 Legal Analyses
Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
Section 1447 - Procedure after removal generally
28 U.S.C. § 1447 Cited 32,992 times 109 Legal Analyses
Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"

Ralph et al v. Walgreen, Co et al

16 Cited authorities

Holding that all decisions from the Fifth Circuit Court of Appeals issued prior to the close of business on September 30, 1981, are binding precedent in the Eleventh Circuit

Holding that "an action may nevertheless be removable if the joinder of the non-diverse party . . . were fraudulent"

Holding that "federal courts are not to weigh the merits of a plaintiff's claim beyond determining whether it an arguable one under state law"

Holding that a remand order is subject to appellate review if it is based on a substantive determination outside the removal process, such as interpretation of a forum selection clause

Holding that FIFRA preempts state common law causes of action

Holding that, in a wrongful death case arising out of alleged medical malpractice, the plaintiff must show the decedent would probably have survived had the care not been negligent

Holding nominal parties need not join in a petition to remove

Recognizing that the ultimate test of whether a defendant is an indispensable party "is whether in the absence of the defendant, the court can enter a final judgment consistent with equity and good conscience which would not be in any way unfair or inequitable to plaintiff"

Holding that since non-noticed defendant bears a legal relationship to the prospective defendant who received pre-suit notice, separate notice to the non-noticed defendant was not necessary

Holding that joinder is fraudulent if under the laws of the state the facts asserted against the resident defendant could not possibly create liability

Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"