Civil Litigation
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Bouie v. American General Life & Accident Ins. Co.
15 Fla. L. Weekly Fed. d275 (N.D. Fla. April 19, 2002)
Case was remanded to the state court on the grounds that the defendants were not fraudulently joined. To make this determination, the court found that the plaintiff did not join other defendants from whom the plaintiff had no basis for discovery. Plaintiffs are not required to invoke every possible claim, and therefore may choose not to invoke claims that would subject the case to removal in federal court. Because the plaintiff and at least one individual defendant were citizens of Florida, the district court did not have original jurisdiction.
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