Cases

Williams v. Nat’l Heritage Realty Inc., 2006 U.S. Dist. LEXIS 39889 (D. Miss. 2006)

A wrongful death case was removed to federal court on diversity grounds. Defendants alleged fraudulent joinder. Plaintiff’s motion to remand was granted. The court found that the removing party bears the burden of showing fraudulent joinder. In particular, Defendant argued there was no reasonable possibility that Plaintiff could recover against the Mississippi defendant, citing the lack of specificity of Plaintiff’s allegations in the Complaint. The court, citing Gray v. Beverly Enterprises-Mississippi, Inc., 390 F.3d 400 (5th Cir. 2004), found that Plaintiff need only demonstrate a reasonable possibility of recovery and that there were no circumstances which would dictate dismissal with prejudice of Plaintiff’s claims against the Mississippi defendant. Thus, Defendant filed to meet its burden.

Published by
David McGuffey

Recent Posts

Oath for Georgia Guardians and Personal Representatives

Before a guardian or the personal representative of an estate takes office, he or she…

2 days ago

Form: Affidavit of Diligent Search

In Georgia, when actions are filed in Probate Court, some people must be notified before…

2 days ago

Income Tax Return for Estates and Trusts – Form 1041

What is Form 1041 used for? If an estate or trust has gross income of…

3 days ago

Notice Concerning Fiduciary Relationship – IRS Form 56

IRS Form 56 is used to notify the IRS of the creation or termination of…

3 days ago

2025 Spousal Impoverishment Standards

On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal…

1 month ago

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

1 month ago