“Fight Fraudulent Misjoinder Tactics Early with Strategic Filings,” Bloomberg Law
publication | March 12, 2025
Bloomberg Law published an article authored by Hollingsworth LLP associate Varun Aery that assesses a disturbing trend: plaintiffs are getting their federal cases remanded to state court by fraudulently misjoining unrelated claims against nondiverse parties.
Unlike fraudulent joinder when a plaintiff files a meritless claim against a nondiverse defendant, fraudulent misjoinder occurs when a plaintiff sues a diverse defendant in state court and joins unrelated claims involving a nondiverse plaintiff or defendant solely to defeat diversity jurisdiction.
Defendants can maximize their chances at defeating remand by flagging any misjoined claims early in the litigation, optimizing motions practice, and even filing new removal papers if the case is remanded to state court.
Where a plaintiff attempts to defeat removal through fraudulent means, strategic and persistent removal efforts can maximize defendants’ chances of receiving the federal protections the removal statute is meant to provide.
Reproduced with permission. Published March 10, 2025. Copyright 2025 Bloomberg Industry Group 800-372-1033.