(Download) "Hunter v. Philip Morris Usa" by Supreme Court of Alabama # Book PDF Kindle ePub Free
eBook details
- Title: Hunter v. Philip Morris Usa
- Author : Supreme Court of Alabama
- Release Date : January 28, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The question of the preemption of state law by federal tobacco legislation has been addressed numerous times. Today, we address the preemption issue in the context of the doctrine of fraudulent joinder, which is invoked to achieve diversity jurisdiction. We hold that the district court erroneously allowed the defendants-appellees to achieve diversity jurisdiction by its incorrect finding that the plaintiffs-appellants state law claims were preempted and constituted fraudulent joinder. Because the district court should have remanded the action to state court, we vacate the judgment and remand with instructions to remand the action to state court. We have jurisdiction over the final judgment of the district court pursuant to 28 U.S.C. § 1291.
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