Opinion of the Court
Sonia Sotomayor
(Slip Opinion) OCTOBER TERM, 2025 1
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337 .
SUPREME COURT OF THE UNITED STATES
Syllabus
HAIN CELESTIAL GROUP, INC., ET AL. v. PALMQUIST,
INDIVIDUALLY AND AS NEXT FRIEND OF E. P., A MINOR,
ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE FIFTH CIRCUIT
No. 24–724. Argued November 4, 2025—Decided February 24, 2026
Respondents Sarah and Grant Palmquist fed their child E. P. baby food
that was made by petitioner Hain Celestial Group, Inc., and that they
purchased from petitioner Whole Foods Market, Inc. When E. P. was
2½ years old, he began exhibiting serious developmental disorders and
was diagnosed with a range of physical and mental conditions that
some doctors attributed to heavy-metal poisoning. In 2021, a subcom-
mittee of the U. S. House of Representatives released a staff report
finding that certain baby foods, including Hain’s, contained elevated
levels of toxic heavy metals. Following the report’s release, the
Palmquists sued both Hain and Whole Foods in Texas state court, al-
leging state-law product liability and negligence claims against Hain,
and state-law breach-of-warranty and negligence claims against
Whole Foods. Hain, a Delaware corporation with a principal place of
business in New York, removed the case to federal court based on di-
versity of citizenship, but confronted a problem: Federal courts may
exercise diversity jurisdiction only when no adverse party is from the
same State, but Whole Foods and the Palmquists are all Texas citi-
zens. As a result, the District Court lacked jurisdiction as the case
stood upon removal. Hain sought to cure this problem by arguing in
its notice of removal that Whole Foods had been improperly joined in
the lawsuit and should be dismissed, which would have established
complete diversity between Hain and the Palmquists. The District
Court agreed with Hain, dismissed Whole Foods, and denied the
Palmquists’ motion to remand. The case then went to trial against
2 HAIN CELESTIAL GROUP, INC. v. PALMQUIST
Syllabus
Hain alone in federal court. The District Court granted Hain’s motion
for judgment as a matter of law on all claims, explaining that the
Palmquists had failed to present sufficient evidence to prove causation.
On appeal, the Fifth Circuit reversed the District Court’s improper-
joinder decision and dismissal of Whole Foods. Because Whole Foods
had been improperly dismissed, the Fifth Circuit concluded that the
District Court lacked diversity jurisdiction, that the District Court’s
judgment had to be vacated, and that the case had to be remanded to
state court. This Court granted certiorari to resolve a divide among
the Courts of Appeals on whether vacatur is required in these circum-
stances.
Held: Because the District Court’s erroneous dismissal of Whole Foods
did not cure the jurisdictional defect that existed when this case was
removed to federal court, the Fifth Circuit correctly vacated the judg-
ment in Hain’s favor. Pp. 4–11.
(a) Federal courts are courts of limited jurisdiction, and a federal
court of appeals must “satisfy itself not only of its own jurisdiction, but
also of that of the lower courts in a cause under review.” Mitchell v.
Maurer, 293 U. S. 237, 244 . In most cases, federal appellate courts
assess the district court’s jurisdiction based on “the state of facts that
existed at the time of filing.” Grupo Dataflux v. Atlas Global Group,
L. P., 541 U. S. 567, 571 . If the court of appeals concludes that the
district court lacked jurisdiction over the case when it was filed in or
removed to federal court, then the court of appeals typically must va-
cate any judgment on the merits.
One exception to this general rule is relevant here: If a district court
cures a jurisdictional defect before final judgment, then the court of
appeals is not required to vacate that judgment even if, at some earlier
point in the case, the district court lacked jurisdiction. The Court dis-
cussed this exception in Caterpillar Inc. v. Lewis, 519 U. S. 61 , in which
the nondiverse defendant was fully dismissed with all of the parties’
consent through a partial final judgment under Federal Rule of Civil
Procedure 54(b), leaving behind a completely diverse set of parties be-
fore trial commenced. In those circumstances, the Court held that the
jurisdictional defect had been cured and the verdict could stand despite
the District Court’s earlier “statutory misstep” in denying the motion
to remand. Id., at 73 . On the other hand, the Court stated, had the
jurisdictional defect not been cured and instead “lingered through
judgment,” then vacatur would have been required. Id., at 76–77.
Pp. 5–7.
(b) The core dispute in this case is whether Whole Foods’s erroneous
dismissal before final judgment cured the jurisdictional defect that ex-
isted at the time of removal. It did not. The District Court’s dismissal
of Whole Foods as improperly joined was both erroneous and
Cite as: 607 U. S. ___ (2026) 3
Syllabus
“[i]nterlocutory,” meaning it did “not dispose of the whole case” and
“merge[d] into the final judgment” for “revie[w] on appeal.” Dupree v.
Younger, 598 U. S. 729 , 734, 735. When the Fifth Circuit reversed the
District Court’s error, it restored Whole Foods to the case and thus
destroyed complete diversity. As a result, the jurisdictional defect “lin-
gered through judgment” uncured and the judgment “must be va-
cated.” Caterpillar, 519 U. S., at 77 .
Hain argues that the correctness of the District Court’s dismissal is
irrelevant because the parties were completely diverse by the time of
final judgment, but the Court has never held that a district court can
create jurisdiction through its own mistakes. A rule to the contrary
would permit courts to enlarge their jurisdiction beyond the limits
Congress imposed. Hain also appeals to efficiency, arguing that it
would be wasteful to send this case back to state court for a new trial.
The “considerations of finality, efficiency, and economy” recognized in
Caterpillar, 519 U. S., at 75 , however, were relevant only to excusing
noncompliance with the removal statute’s requirement of complete di-
versity at the time of removal after a jurisdictional defect has been
properly and finally cured. As to the jurisdictional requirement itself,
Caterpillar held that an uncured jurisdictional defect means that “the
judgment must be vacated.” Id., at 76–77. Pp. 7–9.
(c) Finally, Hain argues that Whole Foods should now be dismissed
under Federal Rule of Civil Procedure 21, which permits a federal
court to “add or drop a party” “on just terms.” In Newman-Green, Inc.
v. Alfonzo-Larrain, 490 U. S. 826, 833 , 837–838, the Court held that
courts may use Rule 21 “to dismiss a dispensable nondiverse party” in
appropriate circumstances, but must “carefully consider whether the
dismissal . . . will prejudice any of the parties in the litigation.” This
case is unlike Newman-Green, in which the plaintiff sought the dismis-
sal, because here a defendant is seeking dismissal of another, non-
diverse defendant. The identity of the party asking for the dismissal
is important because “[t]he plaintiff is ‘the master of the complaint,’ ”
and generally has the right to choose whether to proceed in federal or
state court. Royal Canin U. S. A., Inc. v. Wullschleger, 604 U. S. 22 ,
35. Hain’s proposed use of Rule 21 would force the Palmquists to liti-
gate this case in federal court against their wishes and despite their
right to control the forum for this case. See Atlantic Marine Constr.
Co. v. United States Dist. Court for Western Dist. of Tex., 571 U. S. 49,
63 . The Palmquists exercised their right to choose a state forum by
purposefully and properly joining a nondiverse defendant against
whom they could not proceed in federal court, and diligently asserted
that right by promptly moving to remand the case to state court. Rule
21 does not permit a court or a defendant to override their choice in
these circumstances. Pp. 9–10.
4 HAIN CELESTIAL GROUP, INC. v. PALMQUIST
Syllabus
103 F. 4th 294 , affirmed and remanded.
SOTOMAYOR, J., delivered the opinion for a unanimous Court. THOMAS,
J., filed a concurring opinion.
Cite as: 607 U. S. ____ (2026) 1
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
United States Reports. Readers are requested to notify the Reporter of
Decisions, Supreme Court of the United States, Washington, D. C. 20543,
pio@supremecourt.gov, of any typographical or other formal errors.
SUPREME COURT OF THE UNITED STATES
_________________
No. 24–724
_________________
THE HAIN CELESTIAL GROUP, INC., ET AL.,
PETITIONERS v. SARAH PALMQUIST,
INDIVIDUALLY AND AS NEXT FRIEND OF
E. P., A MINOR, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
[February 24, 2026]
JUSTICE SOTOMAYOR delivered the opinion of the Court.
Federal courts are courts of limited jurisdiction and gen-
erally can resolve only the cases that Congress grants them
power to hear. One class of cases over which Congress has
given federal courts jurisdiction is “diversity” cases between
“citizens of different States.” 28 U. S. C. §1332 (a).
If a federal court of appeals finds that a district court
lacked jurisdiction over a case (for example, because the
parties turned out not to be from different States), then the
district court’s judgment on the merits must be vacated. A
district court’s judgment can stand, however, if the district
court “cured” the jurisdictional defect before entering final
judgment, such as by properly dismissing a nondiverse
party from the case.
This case asks whether a district court’s erroneous dis-
missal of a nondiverse party before final judgment can cure
a jurisdictional defect that existed when the case was re-
moved to federal court. The Fifth Circuit held that it can-
not, and this Court agrees. In these circumstances, the
2 HAIN CELESTIAL GROUP, INC. v. PALMQUIST
Opinion of the Court
district court’s final judgment must be vacated for lack of
jurisdiction.
I
Respondents Sarah Palmquist and Grant Palmquist have
a young son, E. P., who was born in 2014. For the first two
years of E. P.’s life, the Palmquists fed him baby food that
was made by petitioner Hain Celestial Group, Inc., and that
they purchased from petitioner Whole Foods Market, Inc.
At first, E. P.’s development progressed ordinarily, and he
was a healthy child. Things changed when E. P. was 2½
years old. He began exhibiting serious developmental dis-
orders and was diagnosed with a range of physical and men-
tal conditions. After identifying high levels of arsenic, lead,
and mercury in E. P.’s blood tests, some doctors attributed
these conditions to heavy-metal poisoning. In 2021, years
after E. P.’s diagnosis, a subcommittee of the U. S. House of
Representatives Committee on Oversight and Reform re-
leased a staff report finding that certain baby foods, includ-
ing Hain’s, contained elevated levels of toxic heavy metals.
See Staff Report, Subcommittee on Economic and Con-
sumer Policy, Baby Foods Are Tainted With Dangerous
Levels of Arsenic, Lead, Cadmium, and Mercury 2–4 (Feb.
4, 2021).
Following the report’s release, the Palmquists sued both
Hain and Whole Foods in Texas state court. As to Hain, the
Palmquists alleged state-law product liability and negli-
gence claims. As to Whole Foods, the Palmquists alleged
state-law breach of warranty and negligence claims based
on Whole Foods’s alleged misrepresentation of Hain’s prod-
ucts as safe for consumption.
Hain removed the case to federal court based on the par-
ties’ diversity of citizenship. At the time of removal, how-
ever, Hain confronted a problem. Generally, 28 U. S. C.
§1332 (a) allows federal courts to exercise jurisdiction only
when the parties are completely diverse, which means that
Cite as: 607 U. S. ____ (2026) 3
Opinion of the Court
no adverse party is from the same State, and the amount in
controversy exceeds $75,000. Lincoln Property Co. v. Roche,
546 U. S. 81, 89 (2005). As the case stood upon removal,
though, this requirement was not met. The Palmquists
were Texas citizens. Hain was a Delaware corporation with
a principal place of business in New York, and so was both
a Delaware and New York citizen. Whole Foods, however,
was headquartered in Texas and so was, like the
Palmquists, a Texas citizen. Because Whole Foods and the
Palmquists were all Texas citizens, the parties were not
completely diverse.
Hain nevertheless argued in its notice of removal that re-
moval was proper because Whole Foods had been improp-
erly joined and should be dismissed, which would leave only
parties who were completely diverse in federal court. The
Palmquists disagreed, argued that Whole Foods was
properly joined, and moved to remand the case to state
court given the lack of diversity jurisdiction.1
The District Court sided with Hain. Under Fifth Circuit
precedent, which was not disputed here, a defendant is im-
properly joined if the plaintiff fails to “state a claim for relief
that is facially plausible” against the defendant. 103 F. 4th
294, 304 (2024); see Smallwood v. Illinois Central R. Co.,
385 F. 3d 568, 573 (2004) (en banc). Applying that test, the
District Court concluded that the Palmquists had not al-
leged a plausible claim against Whole Foods. It thus dis-
missed Whole Foods and denied the Palmquists’ motion to
remand.
The Palmquists then went to trial against Hain in federal
court. After the Palmquists rested their case, Hain moved
for judgment as a matter of law on all claims. The District
Court granted that motion in full, explaining that the
——————
1 Improper joinder is also often referred to as “fraudulent joinder.” Be-
cause there are no allegations of fraud by the Palmquists in this case,
the Court uses the term “improper joinder.”
4 HAIN CELESTIAL GROUP, INC. v. PALMQUIST
Opinion of the Court
Palmquists had failed to present sufficient evidence to the
jury to prove that “the ingestion of heavy metals can cause
the array of symptoms that [E. P.] suffers from, much less
any evidence of at what level those metals would have to be
ingested to bring about those symptoms.” 103 F. 4th, at
300 . The Palmquists appealed that judgment along with
the District Court’s improper-joinder decision that had dis-
missed Whole Foods.
The Fifth Circuit reversed the improper-joinder decision
and vacated the District Court’s judgment. The Court of
Appeals held that Whole Foods was properly joined because
the Palmquists had plausibly alleged that Whole Foods had
violated state law by misrepresenting Hain’s products as
safe. Given that Whole Foods had been erroneously dis-
missed, the action was not diverse. The Court of Appeals
then concluded that the District Court lacked jurisdiction
and that the judgment in Hain’s favor had to be vacated.
The Fifth Circuit denied en banc review.
Hain and Whole Foods filed a timely petition for certio-
rari seeking review of the Fifth Circuit’s holding that the
District Court’s judgment must be vacated. One other
Court of Appeals has held that vacatur is not required in
these circumstances, while another agrees with the Fifth
Circuit and has held that it is.2 The Court granted certio-
rari to resolve the divide among the Courts of Appeals. See
604 U. S. 1267 (2025).
II
It is important to emphasize at the outset “two ‘givens’ in
this case.” Caterpillar Inc. v. Lewis, 519 U. S. 61, 70 (1996).
First, no party asks this Court to revisit the Fifth Circuit’s
holding that the District Court’s improper-joinder decision
was incorrect and that Whole Foods should not have been
——————
2 Compare Junk v. Terminix Int’l Co., 628 F. 3d 439, 447 , 450–451 (CA8
2010), with Henderson v. Washington Nat. Ins. Co., 454 F. 3d 1278 ,
1284–1285 (CA11 2006).
Cite as: 607 U. S. ____ (2026) 5
Opinion of the Court
dismissed. See Brief for Petitioners 7, n. 1. Second, no
party disputes that, had the District Court performed the
joinder analysis correctly when the case was initially re-
moved, it would have lacked jurisdiction and would have
been required to remand the case to state court. See 28
U. S. C. §§1332 (a), 1447(c). What remains for this Court to
decide is whether the District Court, having erroneously
dismissed Whole Foods, had jurisdiction to enter a final
judgment as to Hain. It did not.
A
Federal courts “are all of limited jurisdiction, and their
proceedings are erroneous, if the jurisdiction be not shown
upon them.” Kempe’s Lessee v. Kennedy, 5 Cranch 173, 185
(1809) (Marshall, C. J.). Because of this limitation on fed-
eral courts’ authority, a federal court of appeals must “sat-
isfy itself not only of its own jurisdiction, but also of that of
the lower courts in a cause under review.” Mitchell v.
Maurer, 293 U. S. 237, 244 (1934). In most cases, federal
appellate courts assess the district court’s jurisdiction
based on “the state of facts that existed at the time of filing.”
Grupo Dataflux v. Atlas Global Group, L. P., 541 U. S. 567,
571 (2004). If the court of appeals concludes that the dis-
trict court lacked jurisdiction over the case when it was filed
in or removed to federal court, then the court of appeals typ-
ically must vacate any judgment on the merits. See Wil-
liams v. Zbaraz, 448 U. S. 358, 368 (1980); American Fire
& Casualty Co. v. Finn, 341 U. S. 6 , 17–18 (1951).
There is, however, one exception to the general rule rele-
vant to this case. If a district court “cures” a jurisdictional
defect prior to final judgment, then the court of appeals is
not required to vacate that judgment even if, at some earlier
point in the case, the district court lacked jurisdiction.
The Court discussed this exception in Caterpillar Inc. v.
Lewis, 519 U. S. 61 . In Caterpillar, Lewis was a citizen of
Kentucky who brought a product-liability suit in state court
6 HAIN CELESTIAL GROUP, INC. v. PALMQUIST
Opinion of the Court
against Caterpillar, a Delaware- and Illinois-based equip-
ment manufacturer, and Whayne Supply, a Kentucky com-
pany that serviced Caterpillar equipment. Id., at 64–65.
Lewis’s insurer (a Massachusetts corporation) intervened
as a plaintiff and asserted claims against both Whayne and
Caterpillar. Id., at 65 . At that point, complete diversity
was lacking, as there was one plaintiff (Lewis) and one de-
fendant (Whayne) from Kentucky.
Lewis then settled his claims against Whayne. Ibid. Cat-
erpillar, thinking that the settlement would result in
Whayne’s dismissal from the case, promptly removed the
case to federal court. Ibid. Lewis moved to remand, point-
ing out that Whayne was still in the case because the in-
surer had not settled its claim against Whayne. Id., at 65–
66. Without addressing Lewis’s argument, the District
Court erroneously denied the motion to remand, keeping
the case in federal court. Id., at 66 . Whayne eventually
settled with the insurer and was voluntarily dismissed from
the case via a partial final judgment under Federal Rule of
Civil Procedure 54(b). See App. A to Brief for Respondents.
That dismissal left three completely diverse parties in the
case: Lewis (from Kentucky), the insurer (from Massachu-
setts), and Caterpillar (from Delaware and Illinois).
The case then went to trial, at which Caterpillar pre-
vailed. 519 U. S., at 66–67. Lewis appealed, and the Sixth
Circuit vacated the verdict. It held that the District Court
should have remanded the case because, at the time of re-
moval, complete diversity did not exist. Id., at 67 .
This Court reversed. It held that, because Whayne had
been fully dismissed, “the jurisdictional defect [had been]
cured, i.e., complete diversity [had been] established before
the trial commenced.” Id., at 73 . Because “considerations
of finality, efficiency, and economy become overwhelming”
after “a diversity case has been tried in federal court,” the
Court held that the verdict could stand despite the District
Court’s “statutory misstep” in denying the motion to
Cite as: 607 U. S. ____ (2026) 7
Opinion of the Court
remand. Id., at 73, 75, 77. On the other hand, the Court
stated, had the jurisdictional defect not been cured and in-
stead “lingered through judgment,” then vacatur would
have been required. Id., at 76–77.
B
The core dispute in this case is whether Whole Foods’s
erroneous dismissal before final judgment cured the juris-
dictional defect that existed at the time of removal. It did
not. Because the jurisdictional defect lingered through
judgment, the judgment “must be vacated.” Id., at 77.
When Hain removed this case to federal court, the Dis-
trict Court was required to determine whether it had juris-
diction by ensuring that none of the plaintiffs was from the
same State as any of the defendants. Because Whole Foods
(a defendant) and the Palmquists (the plaintiffs) were all
Texas citizens, the District Court lacked jurisdiction. It
then tried to cure that jurisdictional defect by dismissing
Whole Foods as improperly joined.
That dismissal, the Fifth Circuit held, was erroneous. It
was also “[i]nterlocutory,” meaning that it did “not dispose
of the whole case.” Dupree v. Younger, 598 U. S. 729 , 734
(2023). The “ ‘general rule’ ” is that parties cannot immedi-
ately appeal interlocutory orders and must instead wait un-
til the end of the case, when those orders “merge into the
final judgment” and are “reviewable on appeal” from that
judgment. Id., at 735 (quoting Quackenbush v. Allstate Ins.
Co., 517 U. S. 706, 712 (1996)). Under that general rule,
once the District Court entered final judgment in Hain’s fa-
vor, the court’s earlier jurisdictional holding merged into
the judgment and was reviewable by the Court of Appeals
as part of the Palmquists’ post-trial appeal.
On appeal, the question before the Court of Appeals was
whether the District Court had correctly dismissed Whole
Foods at the outset. If it had, then this case would be more
like Caterpillar, where the District Court correctly and
8 HAIN CELESTIAL GROUP, INC. v. PALMQUIST
Opinion of the Court
finally dismissed Whayne with the parties’ consent and left
behind a completely diverse set of parties.
Whole Foods, however, was not dismissed correctly, and
the interlocutory nature of that dismissal meant that it was
reversible on appeal from the final judgment in Hain’s fa-
vor. Whole Foods thus was only temporarily and errone-
ously removed from the case; it was not “gone for good.”
Royal Canin U. S. A., Inc. v. Wullschleger, 604 U. S. 22 , 33
(2025). When the Fifth Circuit reversed the District Court’s
error, it restored Whole Foods to the case and correctly held
that the jurisdictional defect had not been cured. That
meant that the defect “lingered through judgment” and that
the District Court’s judgment therefore “must be vacated.”
Caterpillar, 519 U. S., at 77 .
In Hain’s view, the correctness of the District Court’s dis-
missal is irrelevant because, like in Caterpillar, the parties
were completely diverse by the time of final judgment.
Hain is mistaken. This Court has never held that a district
court can create jurisdiction through its own mistakes. A
rule to the contrary would permit courts to enlarge their
jurisdiction beyond the limits Congress imposed. Cf. Kok-
konen v. Guardian Life Ins. Co. of America, 511 U. S. 375,
377 (1994) (“Federal courts . . . possess only that power au-
thorized by Constitution and statute, which is not to be ex-
panded by judicial decree” (citations omitted)).
Hain also appeals to efficiency, arguing that it would be
wasteful to send this case back to state court for a new trial.
This argument also fails. To be sure, Caterpillar recognized
that “considerations of finality, efficiency, and economy be-
come overwhelming” after “a diversity case has been tried
in federal court.” 519 U. S., at 75 . Those considerations,
however, were relevant only to excusing noncompliance
with the removal statute’s requirement “that there be com-
plete diversity at the time of removal” after a jurisdictional
defect had been properly and finally cured. Grupo Dataflux,
541 U. S., at 574 . As to the jurisdictional requirement
Cite as: 607 U. S. ____ (2026) 9
Opinion of the Court
itself, Caterpillar held that an uncured jurisdictional defect
means that “the judgment must be vacated,” 519 U. S., at
76–77, regardless of how efficient it might be to leave the
judgment in place. That the parties may need to litigate a
new trial in state court does not change the jurisdictional
analysis or make the District Court’s error an effective
cure.3
III
As a fallback, Hain argues that, even if the jurisdictional
defect was not cured, Whole Foods should now be dismissed
under Federal Rule of Civil Procedure 21. That Rule per-
mits a federal court “on its own” to “add or drop a party” “on
just terms.” This argument is unavailing.4
In Newman-Green, Inc. v. Alfonzo-Larrain, 490 U. S. 826
(1989), this Court held that, in appropriate circumstances,
courts may use Rule 21 “to dismiss a dispensable non-
diverse party.” Id., at 833, 837 . To do so, courts must “care-
fully consider whether the dismissal of a nondiverse party
will prejudice any of the parties in the litigation,” as “[i]t
may be that the presence of the nondiverse party produced
a tactical advantage for one party or another.” Id., at 838 .
——————
3 Other procedural mechanisms may be available to reduce wasteful
litigation. For instance, both partial final judgment under Federal Rule
of Civil Procedure 54(b) and certification under 28 U. S. C. §1292 (b) allow
district courts to certify matters for early appeal. Those procedures could
help resolve any uncertainty over whether a nondiverse party should re-
main in the case at the time of removal and avoid the need to wait until
a post-trial appeal. See Tr. of Oral Arg. 20–23, 34–36.
4 The Palmquists contend the Rule 21 argument was forfeited, but it is
fairly included within the question presented, was raised in the petition
for certiorari, and was pressed before the Fifth Circuit. See Pet. for Cert.
i, 22–24 (arguing that “appellate courts . . . ha[ve] dismissed dispensable
nondiverse parties in order to preserve jurisdiction as to diverse parties”
and citing Newman-Green, Inc. v. Alfonzo-Larrain, 490 U. S. 826 , 834–
836 (1989)); Brief for Whole Foods in No. 23–40197 (CA5), p. 16; see also
this Court’s Rule 14.1(a).
10 HAIN CELESTIAL GROUP, INC. v. PALMQUIST
Opinion of the Court
This case is very different from Newman-Green. Here,
the defendants are seeking dismissal of a nondiverse de-
fendant, whereas in Newman-Green, the plaintiff sought
the dismissal. Id., at 829 . The identity of the party asking
for the dismissal is important because “[t]he plaintiff is ‘the
master of the complaint,’ ” and generally has the right to
choose whether to proceed in federal or state court. Royal
Canin, 604 U. S., at 35. Dismissing a nondiverse party with
the plaintiff ’s consent is consistent with that right, as is a
plaintiff ’s ability to amend the complaint to “bring the suit
either newly within or newly outside a federal court’s juris-
diction.” Id., at 35–36.
Hain’s proposed use of Rule 21, however, would force the
Palmquists to litigate this case in federal court against
their wishes and despite their right to control the forum for
this case. Hain cites no cases in which a court used Rule
21, over the plaintiff ’s consistent objections, to dismiss a
properly joined defendant to preserve jurisdiction over an
incorrectly removed case that never should have been in
federal court. That lack of authority is not surprising. The
prejudice to the plaintiff in such circumstances is clear, for
“plaintiffs are ordinarily allowed to select whatever forum
they consider most advantageous.” Atlantic Marine Constr.
Co. v. United States Dist. Court for Western Dist. of Tex.,
571 U. S. 49, 63 (2013). The Palmquists exercised their
right to choose a state forum by purposefully and properly
joining a nondiverse defendant against whom they could
not proceed in federal court, and diligently asserted that
right by promptly moving to remand the case to state court.
The decision to structure their case in this way was the
Palmquists’ to make; Rule 21 does not permit a court or a
defendant to override their choice in these circumstances.5
——————
5 Some courts have used Rule 21 to dismiss nondiverse parties joined
after the case was properly removed to federal court. See, e.g., Gorfinkle
v. U. S. Airways, Inc., 431 F. 3d 19 , 21–23 (CA1 2005). Because Whole
Foods was named in the original state-court complaint in this case, the
Cite as: 607 U. S. ____ (2026) 11
Opinion of the Court
IV
The District Court’s erroneous dismissal of Whole Foods
did not cure the jurisdictional defect that existed when this
case was improperly removed to federal court. The Court
of Appeals therefore correctly vacated the judgment in
Hain’s favor. The judgment of the Court of Appeals is af-
firmed, and the case is remanded for further proceedings
consistent with this opinion.
It is so ordered.
——————
Court expresses no view on whether using Rule 21 to dismiss a non-
diverse party added after a proper removal is appropriate. The Court
also expresses no view as to Rule 21’s role in cases originally filed by
plaintiffs in federal court. See, e.g., Publicker Industries, Inc. v. Roman
Ceramics Corp., 603 F. 2d 1065, 1067, 1069 (CA3 1979).
Cite as: 607 U. S. ____ (2026) 1
THOMAS, J., concurring
SUPREME COURT OF THE UNITED STATES
_________________
No. 24–724
_________________
THE HAIN CELESTIAL GROUP, INC., ET AL.,
PETITIONERS v. SARAH PALMQUIST,
INDIVIDUALLY AND AS NEXT FRIEND OF
E. P., A MINOR, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
[February 24, 2026]
JUSTICE THOMAS, concurring.
I join the Court’s opinion in full. I write separately to
note my skepticism of the doctrine of “improper joinder,”
which the District Court invoked to dismiss Whole Foods in
this case. The doctrine appears to allow federal courts to
enlarge their jurisdiction by assessing the merits of claims
over which they lack jurisdiction.
“Federal courts are courts of limited jurisdiction.” Kok-
konen v. Guardian Life Ins. Co. of America, 511 U. S. 375,
377 (1994). As “an essential ingredient of separation and
equilibration of powers,” the Constitution gives Congress
broad power over the scope of federal courts’ jurisdiction.
Steel Co. v. Citizens for Better Environment, 523 U. S. 83,
101 (1998). “When we assume jurisdiction too hastily, we
risk aggrandizing ourselves at the expense of the political
branches.” Monsalvo Velazquez v. Bondi, 604 U. S. 712, 737
(2025) (THOMAS, J., dissenting). Accordingly, if a federal
court determines that it lacks jurisdiction in a case, “the
only function remaining to the court is that of announcing
the fact and dismissing the cause.” Ex parte McCardle, 7
Wall. 506, 514 (1869).
Federal courts therefore “must determine that they have
jurisdiction before proceeding to the merits.” Lance v.
2 HAIN CELESTIAL GROUP, INC. v. PALMQUIST
THOMAS, J., concurring
Coffman, 549 U. S. 437, 439 (2007) (per curiam). “The re-
quirement that jurisdiction be established as a threshold
matter spring[s] from the nature and limits of the judicial
power of the United States and is inflexible and without ex-
ception.” Steel Co., 523 U. S., at 94–95 (internal quotation
marks omitted). “For a court to pronounce upon” the merits
“when it has no jurisdiction to do so is, by very definition,
for a court to act ultra vires.” Id., at 101–102.
In this case, federal jurisdiction was based on diversity of
citizenship. The removing defendant, Hain Celestial
Group, invoked federal jurisdiction under 28 U. S. C.
§1332 (a), which gives district courts jurisdiction over “civil
actions where the matter in controversy exceeds the sum or
value of $75,000 . . . and is between . . . citizens of different
States.” This Court has always interpreted §1332(a)’s lan-
guage “to require ‘complete diversity,’ ” meaning that a fed-
eral court can exercise jurisdiction only if no plaintiff shares
state citizenship with any defendant. Carden v. Arkoma
Associates, 494 U. S. 185, 187 (1990) (citing Strawbridge v.
Curtiss, 3 Cranch 267 (1806)).
Although the parties in this case were not completely di-
verse, the District Court exercised jurisdiction based on the
doctrine of “improper joinder.” Under that doctrine, federal
courts exercise jurisdiction over cases that originally in-
volved nondiverse defendants by first deeming the claims
against those nondiverse defendants sufficiently weak on
the merits and then dismissing them. See, e.g., Interna-
tional Energy Ventures Mgmt., L.L.C. v. United Energy
Group, Ltd., 818 F. 3d 193 , 205–209 (CA5 2016). Here, the
Palmquists, Texas citizens, sued both an out-of-state de-
fendant, Hain Celestial Group, and a Texas defendant,
Whole Foods. The District Court therefore lacked jurisdic-
tion over the case when it was removed to federal court.
The District Court nonetheless proceeded to dismiss Whole
Foods based on its merits assessment that there was not a
“reasonable basis to predict that [the Palmquists] could
Cite as: 607 U. S. ____ (2026) 3
THOMAS, J., concurring
recover from Whole Foods” under Texas products-liability
law. App. to Pet. for Cert. 25a–26a. After dismissing Whole
Foods, it adjudicated the claims against Hain Celestial on
the merits.
The Fifth Circuit vacated that merits judgment for lack
of jurisdiction, but not because it thought that conducting
an improper-joinder inquiry was inappropriate. 103 F. 4th
294 , 302–307 (2024). It simply thought that the Palmquists
possibly stated meritorious claims against Whole Foods un-
der Texas law. See id., at 305–307. It reaffirmed that the
improper-joinder doctrine allows federal courts to engage in
a “Rule 12(b)(6)-type analysis” of claims against nondiverse
defendants, albeit with legal ambiguities resolved in the
plaintiffs’ favor. Id., at 306 . Federal Rule of Civil Proce-
dure 12(b)(6) dismissals, of course, are merits determina-
tions. See Federated Department Stores, Inc. v. Moitie, 452
U. S. 394, 399, n. 3 (1981).
Other federal courts adopt a similar approach to dismiss
claims against nondiverse parties. See, e.g., Johnson v.
Midwest Div.-RBH, LLC, 88 F. 4th 731 , 735–736 (CA8
2023); Jerome-Duncan, Inc. v. Auto-By-Tel, L. L. C., 176
F. 3d 904 , 907–909 (CA6 1999); Legg v. Wyeth, 428 F. 3d
1317, 1324 , 1320–1325 (CA11 2005). Courts justify this ap-
proach based on a group of this Court’s early-20th-century
precedents that recognized a doctrine called fraudulent
joinder. See, e.g., Alabama Great Southern R. Co. v.
Thompson, 200 U. S. 206, 217 (1906).*
——————
*Many Circuits still use the “fraudulent joinder” term today, even
when they engage in the same merits analysis that the Fifth Circuit more
accurately calls improper joinder. See, e.g., Johnson, 88 F. 4th, at 735–
736 (holding that “joinder . . . was fraudulent” because state-law claim
was unlikely to succeed on the merits); Jerome-Duncan, Inc., 176 F. 3d,
at 907–909 (affirming “fraudulent joinder” dismissal because of weak-
ness of claim under state law); Cline v. Dart Transit Co., 804 Fed. Appx.
307 , 312 (CA6 2020) (holding that “fraudulent joinder occurred” because
plaintiff lacked “a colorable cause of action”).
4 HAIN CELESTIAL GROUP, INC. v. PALMQUIST
THOMAS, J., concurring
But this Court’s precedents do not support the lower
courts’ more recent approach. As I read them, this Court’s
“fraudulent joinder” precedents concerned only whether the
plaintiff avoided federal diversity jurisdiction by bad faith
or actual fraud—such as lying about a party’s conduct or
citizenship. See Alabama Great Southern R. Co., 200 U. S.,
at 218 (asking whether the plaintiff “attempt[ed] to commit
a fraud upon the jurisdiction of the Federal courts”); Illinois
Central R. Co. v. Sheegog, 215 U. S. 308, 316 (1909) (asking
whether a claim was “fraudulent and false”); Mecom v. Fitz-
simmons Drilling Co., 284 U. S. 183, 190 (1931) (asking
whether the plaintiff committed “actual fraud”). These
precedents were limited to cases of “extreme abuse.” Mur-
riel-Don Coal Co. v. Aspen Ins. UK Ltd., 790 F. Supp. 2d
590, 596 (ED Ky. 2011) (Thapar, J.). Unlike the lower
courts’ more recent decisions, they did not appear to turn
on the strength of the claims on the merits.
Federal courts sitting in diversity likely cannot dismiss
nondiverse parties based on their view of the merits of the
claims against those parties. Doing so appears unfaithful
to Congress’s limits on our diversity jurisdiction and incon-
sistent with this Court’s precedents. As Judge Thapar has
put it, the improper-joinder doctrine “requires federal
courts to exercise jurisdiction where none exists over ques-
tions of state law that the state courts are better suited to
address themselves.” Id., at 597 . In a future case where
the issue is briefed and squarely presented, this Court
should consider the propriety of the improper-joinder doc-
trine.