5. The Rose case, p. 281, supra, illustrates plaintiff’s effort to block removal by joining nondiverse parties. Under the doctrine of fraudulent joinder, removal is permitted if plaintiff has no cause of action against the nondiverse defendant; in this situation, the district court may sever the nondiverse party from the action under Federal Rule 21. See Percy, Making a Federal Case of It: Removing Civil Cases to Federal Court Based on Fraudulent Joinder, 91 Iowa L. Rev. 189 (2005). Some courts will remand the case to allow the diverse defendant to attempt to obtain severance and then to seek removal. See Osborn v.

Metropolitan Life Ins. Co., 341 F.Supp. 2d 1123 (E.D. Cal. 2004). Which approach is preferable? See Marple, Removal to Federal Court Based on Misjoinder of Parties, 41 Tex.

Tech L. Rev. 551 (2009).