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re: One of our departed posters assured me that all Lawyers were certainly smarter
Posted on 2/16/24 at 10:35 am to AlxTgr
Posted on 2/16/24 at 10:35 am to AlxTgr
quote:
quote:
it will be removable to federal court
I do not play in that sand box, so I have to ask, how will that work?
I assume there will be diversity so that the case will be removable under 28 usc 1332 (if the judgment is that big, they won't stipulate). I would submit the claim against the law firm is a fraudulent jointer for the purposes of defeating diversity. Once there, assuming the facts are as you say, this would be a completely baseless suit with no good faith grounds. Should be sanctionable in Louisiana, but judges (elected) never do that. Federal judges will drop a hammer.
1
Posted on 2/16/24 at 10:41 am to udtiger
quote:Given that malpractice is purely personal and not assignable, I think you are correct.
I would submit the claim against the law firm is a fraudulent jointer for the purposes of defeating diversity.
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