Federal Judge in Kentucky Refuses to Remand Case Where Fraudulent Joinder Existed

BOWLING GREEN, Ky. - A defendant in an asbestos personal injury lawsuit has kept a federal judge in Kentucky from remanding the case after arguing that a recently dismissed defendant was fraudulently joined, apparently in an attempt to keep the case in state court. Hardy v. Ajax Magnathermic Corp., No. 1:00cv-169-R (W.D. Ky.).

Judge Thomas B. Russell of the U.S. District Court for the Western District of Kentucky ruled that the plaintiff, who joined the non-diverse defendant four years ago, conducted little discovery to determine whether there was even a reasonable basis for the defendant being named in the complaint. …