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Fighting Fraudulent Joinder: Getting Your Case into Federal Court

Tort actions involving pharmaceuticals and medical devices usually involve state law claims, and therefore, diversity jurisdiction is often the only way to proceed in a federal court.  Plaintiffs, however, may join doctors, sales representatives, hospitals, or pharmacies as nondiverse defendants, or in some cases, they may even join multiple plaintiffs from several states to defeat diversity jurisdiction.  Because defendants most often prefer to litigate in federal courts, fighting the joinder of these nondiverse defendants is critical. 

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Negligence Claims for Defective, Non-Dangerous Products Do Not Belong in Ontario Tort Law

In the recent case of Arora v. Whirlpool Canada LP,  [2013] S.C.C.A. No. 498, the Supreme Court of Canada has refused leave to appeal the decision of the Ontario Court of Appeal which determined that plaintiffs cannot recover for pure economic loss resulting from the negligent design of a non-dangerous product.

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The State of Affirmative Action

On June 24, 2013, The Supreme Court dealt a quiet setback to the constitutionality of affirmative action by colleges and universities.  The decision in Fisher v. University of Texas at Austin was as eagerly anticipated as the decisions of the Court two days later in United States v. Windsor and Hollingsworth v. Perry, which were hailed as major victories for the gay rights movement.  At first glance, the Fisher decision seemed to sidestep the critical question on the use of race-conscious school admission policies.  In a 7-1 decision (Justice Kagan was recused from this case), the Justices remanded the case back to the lower courts for further consideration.  But, while declining to issue a decision, the Supreme Court made it harder for institutions to use affirmative action and other race-conscious policies to achieve diversity.    

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More lawsuits filed against Honda, Takata over air bags  - Reuters 10/21/2014
Cyber liability insurance at heart of new lawsuit  - Inside Counsel 10/21/2014
T-Mobile, FTC in Settlement Talks Over Phone Charges   - Bloomberg 10/21/2014
President Obama picks favorite SCOTUS decision of his tenure, sees downside to becoming a justice  - ABA Journal 10/21/2014
Gun-Control Battle Swings to Washington State   - Wall Street Journal Law Blog 10/21/2014
Staples warns of possible breach affecting customer credit cards  - BizJournals.com 10/21/2014
NY court: Ex-ball boys can sue Boeheim for slander Read more: http://www.uticaod.com/article/20141021/News/141029890#ixzz3GoBLIuWh  - UTICAOD.com 10/21/2014
Air Bag Recalls Renew Doubts About Carmakers’ Responses to Defects  - Insurance Journal 10/21/2014
Concussion lawsuit vs. NHL filed in federal court  - CrookstonTimes.com 10/21/2014
Huge Verdict Against Highway Guardrail Maker  - Courthouse News 10/21/2014
FBI agent files retaliation lawsuit against boss  - WTNH.com 10/21/2014
SEC Defends Practice of Steering Cases to Judges It Appoints   - Wall Street Journal Law Blog 10/21/2014
Toyota Warns Against Using Front Seats Amid Air-Bag Probe   - Bloomberg 10/21/2014
California Bumble Bee Class Action Remanded  - Courthouse News 10/21/2014
Guardrail Firm Liable for Fraud in Texas  - New York Times 10/21/2014
 

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