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Home / Opinion Digests / EDVA: Party thwarting jurisdiction not “fraudulently joined” (access required)

EDVA: Party thwarting jurisdiction not “fraudulently joined” (access required)

Because the plaintiff stated a claim against the only defendant to share her citizenship – the substitute trustee that executed foreclosure on her home – the court lacked diversity jurisdiction, and remand to state court was required. Background Plaintiff Norma Gibbs’s claims stem from the foreclosure of a home. Her husband, Walter, purchased the property in 2005 ...