Bradley Timberland Resources v. Bradley Lumber Co., et al

After Bradley Lumber defaulted on a loan, Bradley Timberland sued Webster and Bradley Lumber in state court for fraud and interference with business expectancy, claiming that both parties were liable for Webster's alleged misrepresentations related to the loan. The action was removed to federal court, and Bradley Timberland moved to remand. The court agreed with the district court that Bradley Lumber had been fraudulently joined because there was no reasonable basis for imposing liability on Bradley Lumber for constructive fraud based on Bradley Timberland's pleadings. Accordingly, the district court properly denied remand and dismissed the claim against Bradley Lumber. The court also concluded that Bradley Timberland's claims were time barred under Arkansas's three year statute of limitations for fraud and interference with business expectancy and that the district court did not abuse its discretion in denying the motion for reconsideration. Therefore, the court affirmed the judgment. View "Bradley Timberland Resources v. Bradley Lumber Co., et al" on Justia Law