United States Fifth Circuit

Dismissal of a battery action against the former employer of a medical worker who developed an allergy to latex gloves is affirmed where the action was improperly joined to the worker's product liability suit against the glove manufacturer since joinder of a non-diverse party is improper if there is no reasonable basis to predict that the plaintiff might be able to recover against that party.

Appellate Information

• Decided 10/03/2006
• Published 10/03/2006

Judges

• DENNIS, Circuit Judge:, Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gladstone N. Jones, III, Andrew Lewis Kramer, Kevin E. Huddell (argued), Jones, Verras & Freiberg, New Orleans, LA, for Larroquette., James M. Garner (argued), Debra J. Fischman, Terri B. Loughlin, Sher Garner Cahill Richter Kelin & Hilbert, New Orleans, LA, for Touro Infirmary., Terrel J. Broussard (argued), Eugene Joseph Radcliff, Montgomery, Barnett, Brown Read, Hammond & Mintz, New Orleans, LA, for Ansell Healthcare Products, Inc.