SMALLWOOD v. ILLINOIS CENT. R. CO.

No. 02-60782.

385 F.3d 568 (2004)

Kelli SMALLWOOD, Plaintiff-Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY; Mississippi Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 10, 2004.


Attorney(s) appearing for the Case

Cynthia H. Speetjens, Frazer & Davidson, Jackson, MS, Derek A. Wyatt, Pat M. Barrett, Jr., Barrett Law Office, Lexington, MS, Jeffrey Howard Schultz, Schultz & Murphy, Belleville, IL, for Plaintiff-Appellant.

Charles T. Ozier, George Howard Ritter, William B. Lovett, Jr., Wise, Carter, Child & Caraway, Susan L. Runnels, Kelly Dunleath Simpkins, Wells, Marble & Hurst, Jackson, MS, for Defendant-Appellee.

Emerson Barney Robinson, III, Butler, Snow, O'Mara, Stevens & Cannada, Charles Clark, Watkins & Eager, Jackson, MS, Dan K Webb, Winston & Strawn, Chicago, IL, Charles E. Griffin, Griffin & Associates, James William Craig, Phelps Dunbar, David W. Clark, Billy Berryhill, Bradley, Arant, Rose & White, William C. Brabec, Adams & Reese, Walter D Willson, Wells, Marble & Hurst, Jackson, MS, for Amicus Curiae.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO and PICKERING, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we decide a narrow but not unimportant question regarding diversity jurisdiction in federal courts and the application of the doctrine of "improper joinder."1 This is the first time this Court en banc has addressed the issue of improper joinder, although a number of panels of this Court have previously addressed it. We hold that, when a nonresident defendant's showing that there is no reasonable...

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