Civil Procedure

temple v. Synthes Corp. (pg 762) Medical implant user (P) v. Implant manufacturing business (D) NATURE OF CASE: Appeal of terminateal with prejudice of fill for insurance for products indebtedness, medical malpractice, and negligence. FACT SUMMARY: Temples (P) federal causal instrument against Synthes (D), the manufacturer of a plate enter in Temples (P) back, was brush off when Temple (P) failed to marry the set up and the hospital responsible for rest the plate. CONCISE RULE OF LAW: Joint tortfeasors ar not necessary parties under Federal prevail of Civil cognitive process 19. FACTS: A plate and screw device implanted in Temples (P) back malfunctioned. Temple (P) filed a federal motor inn 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 reconstruct who implanted the device and the hospital where the operation was performed. Synthes (D) filed a question to dismiss the federal lawsuit under Fed.R.Civ.P. 19 for Temples (P) trouble to conglutination necessary parties. The district court agreed that the doctor and the hospital were necessary parties and gave Temple (P) 20 days to join them. When Temple (P) did not, the court dismissed the suit with prejudice.

The court of appeals affirmed, decision that Rule 19 allowed the district court to order joinder in the hurl-to doe with of complete, consistent, and efficient settlement of controversies. It further found that overlapping, crystallise lawsuits would have prejudiced Synthes (D) be cause Synthes (D) king claim the device was! not spoilt but that the doctor 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: argon joint tortfeasors necessary parties under Fed.R.Civ.P. 19? HOLDING AND finding: (Per curiam) nary(prenominal) Joint tortfeasors are not necessary parties under Fed.R.Civ.P. 19. It has large been...If you want to get a full essay, order it on our website: BestEssayCheap.com

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