Texas Courts' Consistent Inconsistency On Improper Joinders
Law360, New York ( September 19, 2016, 4:30 PM EDT) -- Throughout the onslaught of the Texas hail litigation epidemic, policyholder lawyers and firms representing insurance carriers continue to battle over whether these cases belong in Texas state court or are more properly venued within federal courts interpreting Texas law. It is a common process in storm litigation. The policyholder attorney files suit in Texas state court against the insurance carrier (the one and only true target), the in-state independent adjuster and the in-state independent adjusting firm. In turn, the law firm representing the insurance carrier removes the case to federal court, arguing the in-state independent adjuster and the in-state independent adjusting firm have been improperly joined to the suit. The policyholder lawyer then files a motion to remand and everyone holds their breath … because the only thing consistent about the various federal courts' opinions on the issue is their inconsistency....
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