This Article will first review the intersection of federal jurisdiction and litigation strategy by examining the requirements for diversity jurisdiction in federal court as well as the circumstances that must be present to allow a defendant to remove a case from state court to federal court. The Article will then review the history of the court-created doctrine of fraudulent joinder, and will examine the various tests currently in use by the lower federal courts. The Article will then address whether it makes more sense to create a statutory solution, and will examine and analyze the Fraudulent Joinder Prevention Act of 2016, which was recently passed by the House of Representatives. After analyzing the Act, this Article will conclude that, while a statutory solution to this issue is appropriate, the current proposal needs to be adjusted in various ways.
Michelle S. Simon, Hogan vs. Gawker II: A Statutory Solution to Fraudulent Joinder, 70 Baylor L. Rev. 1 (2018), http://digitalcommons.pace.edu/lawfaculty/1092/.