FT. WORTH FEDERAL DISTRICT COURT FINDS CLAIMS ADJUSTERS IN THREE SEPARATE CASES IMPROPERLY JOINED

Federal District Court Judge John McBryde from the Ft. Worth Division of the Northern District of Texas issued a combined memorandum opinion and order resolving common improper joinder issues in three separate cases. Seemingly tired of the plethora of improperly joined insurance adjusters, Judge McBryde stated: “the joinder of a local claims adjuster in a state court action against a non-citizen insurance company in an attempt to avoid federal court jurisdiction apparently has become a popular tactic.”

The Court analyzed the state court pleadings of the Plaintiffs in the each of the following cases involving State Farm: Gonzalez v. State Farm Lloyds, 4:15-CV-305-A, 2015 WL 3408106, at *1 (N.D. Tex. May 27, 2015); Ismael Arriaga v. State Farm Lloyds, 4:15–CV–308–A, 2015 WL 3408106, at *1 (N.D. Tex. May 27, 2015), and Milton Hershon v. State Farm Lloyds, 4:15–CV–312–A, 2015 WL 3408106, at *1 (N.D. Tex. May 27, 2015).  Judge McBryde concluded the claims adjusters were named as a defendant in each case for the purpose of attempting to defeat federal court jurisdiction.  The Court concluded none of the claims asserted against the individual adjusters would survive a motion to dismiss for failure to state a claim upon which relief may be granted, and dismissed each of the claims adjusters.