Fraudulent joinder refers to the act of maliciously including a party in a lawsuit, typically a resident of the state, with the intention of preventing the case from being transferred to federal court. Joinder is the process of combining parties or claims into a single lawsuit. Compulsory joinder is required when the absence of a party would hinder the attainment of complete relief or compromise the protection of their interests. Permissive joinder is a discretionary option when parties share common claims or questions. Pretensive joinder involves adding defendants solely to secure a specific jurisdiction for the case.
Fraudulent joinder refers to the deliberate inclusion of a party, typically a resident of the same state, in a lawsuit to hinder its removal to federal court. For instance, a plaintiff may file a lawsuit against a defendant who resides in the same state, but also adds a second defendant who has no connection to the case and is not a resident of the state. The purpose of this tactic is to prevent the case from being transferred to federal court, where the defendant may have a higher likelihood of success. Fraudulent joinder is considered unacceptable as it seeks to manipulate the legal system and obstruct a fair trial. It is crucial for all parties involved in a lawsuit to receive a fair and unbiased trial, and fraudulent joinder undermines this fundamental principle.
Fraudulent joinder refers to a situation where a plaintiff includes a non-diverse defendant in a lawsuit solely to prevent the case from being removed to federal court.
The primary reason for engaging in fraudulent joinder is to keep a case in state court, which may be perceived as more favorable to the plaintiff.
To prove fraudulent joinder, the defendant must demonstrate that there is no reasonable basis for the plaintiff’s claim against the non-diverse defendant.
If fraudulent joinder is proven, the non-diverse defendant can be disregarded for the purpose of determining diversity jurisdiction, and the case can be removed to federal court.
Yes, if a plaintiff is found to have engaged in fraudulent joinder, they may be subject to sanctions, including payment of the defendant’s attorney fees and costs.
No, a defendant must also establish that the case meets the requirements for diversity jurisdiction, such as the amount in controversy exceeding a certain threshold.
In some cases, a plaintiff may be allowed to amend their complaint to cure the fraudulent joinder issue. However, if the amendment is deemed to be in bad faith, it may not be permitted.
A defendant can challenge fraudulent joinder both before and after removal to federal court. However, it is generally more common for such challenges to be made after removal.
A plaintiff accused of fraudulent joinder can argue that there is a reasonable basis for their claim against the non-diverse defendant, or that the defendant’s challenge is without merit.
While fraudulent joinder is typically associated with plaintiffs, defendants can also use this strategy to prevent a case from being removed to federal court by adding non-diverse parties to the lawsuit. However, this practice is generally discouraged and can lead to sanctions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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