cases affirmed the standard (265) and concluded that a colorable
To establish fraudulent joinder, the out-of-state defendant often must present evidence upon removal to show that the plaintiff, based on the factual allegations, cannot recover against the non-diverse defendant, thereby rendering the claims not colorable
makes such a colorable
showing, then the challenged law will be subject
Although Repo 105 transactions may not have been inherently improper, there is a colorable
claim that their sole function as employed by Lehman was balance sheet manipulation.
45) Finally, the court quelled Grace's concern that adopting a broad view of the term "participants" would require costly disclosures to every former employee by suggesting that only those asserting a colorable
claim would be entitled to such disclosures.
Claims: Circuit Courts Searching for Meaningful Hybrid
The reasonable basis standard is not satisfied by a return position that is merely arguable or that is merely a colorable
check] What are the criteria for instructing outside counsel to assert a colorable
(subject to contention) defense?
Developed specifically for electronic media applications, such as DVD, CD or video game packaging, Petrothene PP TR513 polypropylene homopolymer provides colorable
contact clarity to enable consumers to see the packaged contents.
An appropriate response is one that enables the reporting attorney to reasonably believe that (1) no violation exists, (2) the company has taken appropriate remedial measures, or (3) on the advice of another attorney who reviewed the matter, the company intends to assert "a colorable
defense" in any investigation or proceeding based on the reported evidence.
Wright is a strong proponent of using thermoplastic elastomer alloys (TPEs) because they are easy to process and extremely colorable
with a soft feel and excellent longevity.
In the settlement, it was agreed that the Consorzio would drop the suit and its claim for damages in exchange for Rienzi's agreement to discontinue marketing its grated cheese under the name "Parmigiano," or any colorable
imitation of that term.