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International Life Vs Doloney Case Summary

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If International Life can prove fraudulent joinder of Maloney, the case is removable under diversity of citizenship. In McCabe v. General Food Corp., the court held that when Plaintiff fails to state a cause of action against the resident Defendant and the failure is obvious, the joinder is fraudulent. McCabe v. General Food Corp., 811 F.2d 1336, 1339 (9th Cir. 1987). The defendants presented facts showing the joinder was fraudulent. Id. Additionally, Defendants were fraudulently joined because they were working in a managerial capacity. Id. General Food had ratified their actions. Id. If plaintiff alleged they acted on their own initiative, then joinder was valid. Id. Similarly, International Life can show that Maloney was working in the capacity of a salesperson during presentation in Alameda. The sales pitch was standard for the company and the policy was not out of the ordinary. Plaintiff claims Maloney received significant commissions for the sales. However, this does not equate to Maloney acting on his own initiative. It is likely the court will hold that there was fraudulent joinder. Plaintiff’s allegations must show that Maloney’s behavior was sufficient to prove he is liable. Maloney’s commissions for the sale of insurance policies are insufficient evidence that he acted …show more content…

28 U.S.C. §1446(b)(1) (2016). International Life received the complaint on August 31, 2016. However, in Murphy Bros, Inc. v. Michetti Pipe Stringing the court held that if the complaint is filed in court, prior to any service, then the removal period runs from service of the summons. Murphy Bros, Inc. v. Michetti Pipe Stringing, 526 U.S. 344, 354 (1999). International Life has received the complaint and no summons. Thus, the period for removal begins when the summons is received. Removal should be

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