30 Cited authorities

Klaxon Co. v. Stentor Co.
313 U.S. 487 (1941) Cited 10,483 times 6 Legal Analyses
Holding that Erie doctrine applies to conflict-of-law rules
Mayes v. Rapoport
198 F.3d 457 (4th Cir. 1999) Cited 1,012 times 2 Legal Analyses
Holding that the fraudulent joinder "doctrine effectively permits a district court to disregard, for jurisdictional purposes, the citizenship of [in-state] defendants"
Boyer v. Snap-On Tools Corp.
913 F.2d 108 (3d Cir. 1990) Cited 1,412 times 1 Legal Analyses
Holding that the removal statutes "are to be strictly construed against removal and all doubts should be resolved in favor of remand"
Batoff v. State Farm Ins. Co.
977 F.2d 848 (3d Cir. 1992) Cited 946 times
Holding that because there was at least a colorable claim against the non-diverse defendant in state court, remand was proper
In re Briscoe
448 F.3d 201 (3d Cir. 2006) Cited 558 times 4 Legal Analyses
Holding a district court cannot delve into the merits of a claim in a fraudulent-joinder inquiry
Steel Valley Auth. v. Union Switch & Signal Div.
809 F.2d 1006 (3d Cir. 1987) Cited 910 times
Holding that a claim for injunctive relief affecting the alienability of a non-party's property required that non-party's joinder under Rule 19
Hammersmith v. TIG Insurance
480 F.3d 220 (3d Cir. 2007) Cited 419 times 1 Legal Analyses
Holding that there was no principal place of insured risk where the policy covered the insured subsidiaries in over twenty states and internationally
Abels v. State Farm Fire Cas. Co.
770 F.2d 26 (3d Cir. 1985) Cited 695 times 1 Legal Analyses
Holding the claims in an action asserted against "Doe defendants" survived fraudulent-joinder analysis, as plaintiffs were endeavoring to proceed against those defendants and to conduct discovery
Kirk v. Michael Reese Hospital & Medical Center
117 Ill. 2d 507 (Ill. 1987) Cited 342 times 2 Legal Analyses
Holding that neither doctors nor hospital owed a duty to the plaintiff to control the patient's conduct, in part because there had been no allegations that the hospital or doctors were aware of any dangerous propensities of the patient
Lacey v. Cessna Aircraft Co.
932 F.2d 170 (3d Cir. 1991) Cited 288 times
Finding that "applying British Columbia's negligence standard would not serve British Columbia's interest" "in promoting domestic industry"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,981 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 50,033 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 33,113 times 110 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"

Robinson et al v. Wolters Kluwer Health, Inc. et al

30 Cited authorities

Holding that Erie doctrine applies to conflict-of-law rules

Holding that the fraudulent joinder "doctrine effectively permits a district court to disregard, for jurisdictional purposes, the citizenship of [in-state] defendants"

Holding that the removal statutes "are to be strictly construed against removal and all doubts should be resolved in favor of remand"

Holding that because there was at least a colorable claim against the non-diverse defendant in state court, remand was proper

Holding a district court cannot delve into the merits of a claim in a fraudulent-joinder inquiry

Holding that a claim for injunctive relief affecting the alienability of a non-party's property required that non-party's joinder under Rule 19

Holding that there was no principal place of insured risk where the policy covered the insured subsidiaries in over twenty states and internationally

Holding the claims in an action asserted against "Doe defendants" survived fraudulent-joinder analysis, as plaintiffs were endeavoring to proceed against those defendants and to conduct discovery

Holding that neither doctors nor hospital owed a duty to the plaintiff to control the patient's conduct, in part because there had been no allegations that the hospital or doctors were aware of any dangerous propensities of the patient

Finding that "applying British Columbia's negligence standard would not serve British Columbia's interest" "in promoting domestic industry"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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"