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Simple English definitions for legal terms
fraudulent joinder
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A quick definition of fraudulent joinder:
Fraudulent joinder is when someone adds a party to a lawsuit in bad faith, usually a resident of the state, to prevent the case from being moved to federal court. Joinder is when parties or claims are united in a single lawsuit. Compulsory joinder is necessary when a party's absence would prevent complete relief or impair the protection of their interest. Permissive joinder is optional when parties have common claims or questions. Pretensive joinder is adding defendants solely to obtain venue in a specific jurisdiction.A more thorough explanation:
Definition: Fraudulent joinder is the bad-faith addition of a party, usually a resident of the state, to prevent the removal of a case to federal court.
Example: A plaintiff files a lawsuit against a defendant who is a resident of the same state. The plaintiff also adds a second defendant who is not a resident of the state and has no connection to the case. The plaintiff does this to prevent the case from being removed to federal court, where the defendant may have a better chance of winning. This is an example of fraudulent joinder.
This practice is not allowed because it is an attempt to manipulate the legal system and prevent a fair trial. It is important for all parties involved in a lawsuit to have a fair and impartial trial, and fraudulent joinder undermines this principle.