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FLAGG v. STRYKER CORP.

No. 14-31169.

819 F.3d 132 (2016)

Kale FLAGG, Plaintiff-Appellant v. STRYKER CORPORATION; Memometal Incorporated, USA, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 24, 2016.

Attorney(s) appearing for the Case

Kristina Lee Furra Ohlmeyer , Ohlmeyer & Ohlmeyer, L.L.C., New Orleans, LA, for Plaintiff-Appellant.

Douglas John Moore , Meera Unnithan Sossamon , Irwin Fritchie Urquhart & Moore, L.L.C., New Orleans, LA, Robert M. Roach, Jr. , Manuel Lopez, Roach & Newton, L.L.P., Houston, TX, for Defendants-Appellees.

Richard Abbott Samp , Chief Counsel, Washington Legal Foundation, Washington, DC, Joseph Lee McReynolds, Esq. , Senior Trial Attorney, Andrew Joseph Baer, Esq. , Nancy Jane Marshall , Deutsch Kerrigan, L.L.P., New Orleans, LA, for Amicus Curiae.

Before STEWART, Chief Judge, and JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, and COSTA, Circuit Judges.

We took this case en banc to decide whether the district court erred by dismissing the non-diverse defendants as improperly joined and exercising diversity jurisdiction over the remaining diverse defendants. We conclude that the district court did not err by concluding that the plaintiff had improperly joined...

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