Ticer v. Imperium Insurance Co., No. 21-10108 (5th Cir. 2021)
Annotate this CaseImperium, a non-diverse defendant, should not have been dismissed with prejudice in this insurance coverage dispute. The Fifth Circuit vacated the district court's dismissal and remanded for dismissal without prejudice. In this case, the district court did not abuse its discretion in reviewing the notice of removal for improper joinder; the district court did not abuse its discretion in deciding to pierce the pleadings and conduct a summary inquiry in order to analyze the relevance and meaning of the insurance policy; and the district court was correct to hold that Imperium was improperly joined where there was no plausible state cause of action against the joined defendant. The court concluded that when a district court determines that a nondiverse party has been improperly joined to defeat diversity, that party must be dismissed without prejudice.
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