,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #ecde  ,,in ,,the ,,house ,,of  
,,representatives  ,december #f1        
#bjai,mr4 ,buck 7for himself1 ,mr4      
,collins of ,georgia1 and ,mr4          
,ratcliffe7 introduced the following    
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to amend title #bh1 ,united ,states    
,code1 to prevent fraudulent joinder4   
#a4 ,short title ,this ,act may be cited
 as the ,innocent ,party ,protection    
,act4  #b4 ,prevention of fraudulent    
joinder ,section #addg of title #bh1    
,united ,states ,code1 is amended by    
adding at the end the following3  7f7   
,fraudulent joinder  7#a7 ,this         
subsection shall apply to any case in   
which-- 7,a7 a civil action is removed  
solely on the basis of the jurisdiction 
conferred by section #accb7;a72  7,b7 a 
motion to remand is made on the ground  
that-- 7i7 one or more defendants are   
citizens of the same ,state as one or   
more plaintiffs2 or  7ii7 one or more   

defendants properly joined and served   
are citizens of the ,state in which the 
action was brought2 and  7,c7 the motion
 is opposed on the ground that the      
joinder of the defendant or defendants  
described in subparagraph 7,b7 is       
fraudulent4  7#b7 ,the joinder of a     
defendant described in paragraph        
7#a77;,b7 is fraudulent if the court    
finds that-- 7,a7 there is actual fraud 
in the pleading of jurisdictional facts 
with respect to that defendant2  7,b7   
based on the complaint and the materials
 submitted under paragraph 7#c71 it is  
not plausible to conclude that          
applicable ,state law would impose      
liability on that defendant2  7,c7      
,state or ,federal law clearly bars all 
claims in the complaint against that    
defendant2 or  7,d7 objective evidence  
clearly demonstrates that there is no   
good faith intention to prosecute the   
action against that defendant or to seek
 a joint judgment including that        
defendant4  7#c7 ,in determining whether

 to grant or deny a motion under        
paragraph 7#a77;,b71 the court may      
permit the pleadings to be amended1 and 
shall consider the pleadings1           
affidavits1 and other evidence submitted
 by the parties4  7#d7 ,if the court    
finds that all defendants described in  
paragraph 7#a77;,b7 have been           
fraudulently joined under paragraph     
7#b71 it shall dismiss without prejudice
 the claims against those defendants and
 shall deny the motion described in     
paragraph 7#a77;,b74  4