U.S. Supreme Court
Jul. 25, 2009
Defeating Diversity
Two recent U.S. Supreme Court decisions may bolster defendants' efforts to establish the insufficiency of boilerplate allegations in employment cases, write Martha S. Doty and Scott Jarvis.
Plaintiffs have grown increasingly clever at frustrating defendants hoping to remove cases to federal court, by joining non-diverse defendants based on the barest of allegations. Given the high bar required for defendants to establish fraudulent joinder, district courts are increasingly finding even those thin allegations sufficient to defeat removal, particularly in employment cases.
For example, a plainti...
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