Tag Archives: Fraudulent Joinder

Civil Practice — Diversity Jurisdiction – Pleading Amendment – Non-Diverse Defendant – Labor & Employment – Wrongful Termination – First Impression – Remand (access required)

Greenspan v. Brothers Property Corp. (Lawyers Weekly No. 002-084-15, 14 pp.) (Richard Mark Gergel, J.) 2:14-cv-03875; D.S.C. Holding: Even though defendants had already removed this action when plaintiff amended his complaint to add a non-diverse defendant, given plaintiff’s pro se ...

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Civil Practice — Federal Jurisdiction – Diversity – Fraudulent Joinder Claim – Remand – Tort/Negligence – Products Liability – Silverado (access required)

Brazell v. General Motors, LLC (Lawyers Weekly No. 002-067-15, 9 pp.) (Timothy Cain, J.) 6:14-cv-04588; D.S.C. Holding: Defendant General Motors, LLC, argues that, after an initial failed attempt at service, plaintiff has not actively litigated this case against South Carolina ...

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Civil Practice — Federal Jurisdiction – Diversity – Fraudulent Joinder – Statute of Limitations – Federal Question – Real Property – Inflated Appraisals – Banks & Banking (access required)

Low v. VantageSouth Bank (Lawyers Weekly No. 002-054-15, 6 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-03396; D.S.C. Holding: The complaint does not indicate when plaintiffs should have learned (1) about defendants’ alleged conspiracy or (2) that defendants’ appraisals were negligent or ...

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Civil Practice – Diversity Jurisdiction – Fraudulent Joinder – Necessary Party – Remand (access required)

Essex Homes Southeast, Inc. v. CommunityOne Bank, N.A. Even though plaintiff’s original complaint failed to state any claim against the only S.C. defendant named therein, plaintiff timely amended its complaint and added an S.C. defendant against which it does appear to have a claim. The defendant-bank’s motion to strike the amended complaint is denied. Plaintiff’s motion to remand to state court is granted.

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Civil Practice – Federal Jurisdiction – Fraudulent Joinder – Insurance – Breach of Contract – Tort/Negligence – Misrepresentations (access required)

Hendrix Insurance Agency, Inc. v. Continental Casualty Co. (Lawyers Weekly No. 002-040-10, 14 pp.) (Henry M. Herlong Jr., Sr. J.) D.S.C. Holding: Where (1) plaintiff waited until after removal to federal court to add an S.C. resident as a defendant, ...

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