Civil Procedure

temple v. Synthes Corp. (pg 762) Medical constitute user (P) v. Implant maker (D) NATURE OF CASE: supplication of terminateal with prejudice of fill for restitution for products indebtedness, health check malpractice, and negligence. FACT outline: tabernacles (P) federal causal factor against Synthes (D), the maker of a home headquarters enter in tabernacles (P) back, was switch off when temple (P) failed to marry the pervert and the hospital responsible for put down the plate. CONCISE RULE OF impartiality: Joint tortfeasors ar non necessary parties beneath(a) federal prevail of Civil cognitive process 19. FACTS: A plate and screw device imbed in Temples (P) back malfunctioned. Temple (P) filed a federal mash products liability action against Synthes (D), the manufacturer of the device. Temple (P) also filed a assure court medical malpractice and negligence action against the specify who implanted the device and the hospital where the operation was performed. Synthes (D) filed a bm to dismiss the federal campaign under Fed.R.Civ.P. 19 for Temples (P) ill to sum total necessary parties. The territorial dominion court agreed that the bear upon and the hospital were necessary parties and gave Temple (P) 20 days to join them. When Temple (P) did not, the court push aside the suit with prejudice.

The court of appeals affirmed, determination that Rule 19 allowed the regulate court to order joinder in the hurl-to doe with of complete, consistent, and efficient resolve of controversies. It further found that overlapping, discover lawsuits would have prejudiced Synthes (D) because Synthes (D) world power claim the device was not spoilt but that the reinstate and the hospital were negligent, and the doctor and the hospital might claim the opposite. Temple (P) appealed, arguing that go tortfeasors are not necessary parties under Rule 19. ISSUE: are joint tortfeasors necessary parties under Fed.R.Civ.P. 19? HOLDING AND decision: (Per curiam) nary(prenominal) Joint tortfeasors are not necessary parties under Fed.R.Civ.P. 19. It has long been...If you want to get a full essay, order it on our website: Ordercustompaper.com

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