“Litigation does not reward the meek. In the evolving world of complex litigation, plaintiffs and their attorneys aggressively use endless schemes to gain a competitive advantage, including undertaking abusive pleading practices to hunt for favorable forums in state courts and to eviscerate the defendants’ rights to federal diversity jurisdiction,” write Neil A. Goldberg, Matthew S. Lerner, and Brendan T. Fitzpatrick, partners in Goldberg Segalla’s Product Liability and Appellate practice groups.
“Plaintiffs invariably attempt to defeat removal by misjoining the unrelated claims of non-diverse party plaintiffs or defendants to circumvent diversity jurisdiction. … Fraudulent misjoinder doctrine helps protect defendants’ statutory rights, and defense counsel should acquaint themselves with this procedural weapon to protect their clients.”
In this article, Neil, Matt, and Brendan explore the issues defense counsel must tackle to apply the fraudulent misjoinder doctrine, which can apply in any type of action and proves extremely useful in product liability and mass-tort actions.