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Thomas v. Exxon Mobil Corp.

ELR Citation: 47 ELR 20018
Nos. 16-15750, (E.D. La., 01/25/2017) (Milazzo, J.)

A district court refused to remand to state court a case where a plaintiff alleged that exposure to two petroleum companies' benzene-containing products caused him to develop cancer, finding that a party was fraudulently joined to prevent removal. The plaintiff originally sued the petroleum companies in state court, and defendants moved the case to federal court on the basis of diversity. In response, the plaintiff sought to join a local gas station to defeat diversity jurisdiction and moved to have the case remanded to state court. The district court determined that the plaintiff stated no factual allegations relative to the gas station's knowledge of defects in the product at issue. The motion to remand was denied for lack of specificity.