Signs of improper joinder include claims or parties that lack a common nucleus of operative fact (no transactional nexus), separate and unrelated legal issues or damages, contradictory defenses that can’t be addressed in one trial, joinder used to defeat diversity or jurisdiction (fraudulent joinder), or pleadings that shoehorn unrelated claims together; skilled lawyers respond by quickly auditing the complaint against local joinder and jurisdictional rules, attempting an early meet-and-confer to narrow or amend pleadings, and—if that fails—filing a targeted motion (to sever, dismiss, or remand) supported by precedent and a clear showing of prejudice, asking the court for case-management relief (bifurcation, limited discovery, protective orders) to prevent fishing expeditions, tailoring discovery to avoid unnecessary burden, preserving the record for appeal, and considering tactical settlement or narrowing where it advances the client’s interests.
