Defining the contours of the emerging fraudulent misjoinder doctrine. From: Harvard Journal of Law & Public Policy | Date: March 22, 2006| Author: | COPYRIGHT 2006 Harvard Society for Law and Public Policy, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

 
I.   INTRODUCTION 
II.  THE TRADITIONAL FRAUDULENT JOINDER 
     DOCTRINE 
III. DEVELOPMENT OF THE FRAUDULENT 
     MISJOINDER DOCTRINE 
IV. NECESSITY OF THE FRAUDULENT MISJOINDER 
    DOCTRINE 
V.  UNRESOLVED ISSUES 
    A. Federal Versus State Procedural Rules 
       1. Reasonable Joinder Under State Rules 
          Cannot be Fraudulent 
       2. Statutory Language Suggests State 
          Joinder Rules Control 
       3. Application of the Federal Joinder Rule 
          Violates Rule 82 of the Federal Rules of 
          Civil Procedure 
       4. The District Courts' Rationales ...