A corporate defendant can remove an action to federal court, even if plaintiff and the individual defendant are residents of the same state, if proof exists that the individual defendant was fraudulently joined. Defendants failed to prove plaintiff's claims were "wholly insubstantial and frivolous," and the court granted plaintiff's motion to remand to court of common pleas.
May 05, 2015 at 12:00 AM
1 minute read
CIVIL PROCEDURE
Diversity Jurisdiction • Fraudulent Joinder • UTPCPL
Horne v. Progressive Advanced Ins. Co., PICS Case No. 15-0688 (E.D. Pa. April 24, 2015) Kearney, J. (4 pages).
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