United States Eighth Circuit

In a tire tread failure suit against Michelin, denial of plaintiff's motion to remand diversity case based on fraudulent joinder is reversed where: 1) there was jurisdiction over the appeal; 2) plaintiff's complaint sufficiently stated a negligence cause of action against non-diverse vehicle owner as Missouri recognizes a cause of action for furnishing a vehicle with defective tires to another; and 3) consequently, it was error to find fraudulent joinder.

Appellate Information

• Decided 02/28/2007
• Published 02/28/2007

Judges

• BYE, Circuit Judge., Before LOKEN, Chief Judge, BYE and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James Kirk Rahm, argued, Warrensburg, MO (T. Michael Ward, St. Louis, MO, on the brief), for appellant.


• For Appellees:
  
• Kenneth Lee Marshall, argued, St. Louis, MO (Daniel J. Carpenter, Dan H. Ball, St. Louis, MO, on the brief), for appellee.