The following are summaries of selected civil opinions issued by the Fifth Circuit in May 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions.
JURISDICTION: Upon removal on the basis of improper joinder, plaintiff may clarify allegations to satisfy federal pleading standards; erroneous finding of improper joinder was not cured prior to judgment, and therefore take-nothing judgment had to be vacated.
Palmquist v. Hain Celestial Grp., Inc., 2024 WL 2720460 (5th Cir. May 28, 2024).
The Palmquists, on behalf of their injured son, sued Hain and Whole Foods in Texas state court in 2021, alleging strict-products-liability and negligence claims against Hain (a Delaware corporation)and breach-of-warranty and negligence claims against Whole Foods (a Texas corporation).
Despite the lack of complete diversity, defendants removed, asserting improper joinder of Whole Foods.
Unlike most other circuits, courts in the Fifth Circuit judge improper joinder under federal pleading standards. Thus, the Palmquists amended their complaint in federal court to “clarify” their allegations against Whole Foods to meet those standards. The new complaint emphasized that their breach-of-warranty cause of action included claims that Whole Foods expressly represented to the public and to the Palmquists that Hain’s products were safe. The Palmquists then moved to remand.