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Simple English definitions for legal terms
collusive joinder
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A quick definition of collusive joinder:
Collusive joinder is when someone adds a defendant to a lawsuit, usually someone who doesn't live in the same state, just to move the case to a federal court. This is not allowed because it is done on purpose and not for a legitimate reason. There are other types of joinder, like mandatory joinder when a party is necessary for the case to be resolved, and permissive joinder when parties can join together if their claims are related. Pretensive joinder is when someone adds a defendant just to change the location of the trial.A more thorough explanation:
Definition: Collusive joinder is the act of joining a defendant, usually a nonresident, in a lawsuit in order to have the case removed to federal court. It is done in bad faith to manipulate the jurisdiction of the case.
Example: A plaintiff files a lawsuit against a defendant who is a resident of the same state. However, the plaintiff adds a nonresident defendant to the lawsuit, even though they have no connection to the case, solely to create diversity of citizenship and have the case moved to federal court. This is an example of collusive joinder.
This practice is not allowed and is considered unethical. It undermines the fairness and integrity of the legal system by manipulating the jurisdiction of the case.