Bradley Timberland Resources v. Bradley Lumber Co., et al, No. 12-1892 (8th Cir. 2013)
Annotate this CaseAfter Bradley Lumber defaulted on a loan, Bradley Timberland sued Webster and Bradley Lumber in state court for fraud and interference with business expectancy, claiming that both parties were liable for Webster's alleged misrepresentations related to the loan. The action was removed to federal court, and Bradley Timberland moved to remand. The court agreed with the district court that Bradley Lumber had been fraudulently joined because there was no reasonable basis for imposing liability on Bradley Lumber for constructive fraud based on Bradley Timberland's pleadings. Accordingly, the district court properly denied remand and dismissed the claim against Bradley Lumber. The court also concluded that Bradley Timberland's claims were time barred under Arkansas's three year statute of limitations for fraud and interference with business expectancy and that the district court did not abuse its discretion in denying the motion for reconsideration. Therefore, the court affirmed the judgment.
Court Description: Civil case - Civil Procedure. District court did not err in determining Bradley Lumber was fraudulently joined in the case as there was no reasonable basis for imposing liability on Bradley Lumber for constructive fraud, based on Bradley Timberland's pleadings; Bradley Timberland's claims against defendant Webster Business were properly dismissed as time barred; district court did not abuse its discretion by denying Bradley Timberland's motion for reconsideration.
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