It’s very hard to win a fraudulent joinder motion on the merits and thus keep a case in federal court. In fact, when we looked back at the topic on the blog, our last post on the issue was over one year ago. And the two posts before that were from the Third Circuit
We’ve already discussed many of the implications of Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) (“BMS”), for personal jurisdiction in mass tort cases. We’re not going to repeat any of that here. What we are proposing today is a relatively simple test that cuts the Gordian Knot surrounding