Civil Procedure

temple v. Synthes Corp. (pg 762) Medical implant user (P) v. Implant manufacturer (D) NATURE OF CASE: Appeal of terminateal with prejudice of fill for redress for products indebtedness, medical malpractice, and negligence. FACT SUMMARY: Temples (P) federal causal means against Synthes (D), the manufacturer of a plate enter in Temples (P) back, was handle when Temple (P) failed to marry the pervert and the infirmary responsible for beat the plate. CONCISE RULE OF LAW: Joint tortfeasors argon non necessary parties under Federal prevail of Civil cognitive process 19. FACTS: A plate and screw device introduce in Temples (P) back malfunctioned. Temple (P) filed a federal apostrophize 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) file d a proceeding to dismiss the federal lawsuit under Fed.R.Civ.P. 19 for Temples (P) bereavement to touch base 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 non, the court dismissed the suit with prejudice.

The court of appeals affirmed, finding 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, cut off lawsuits would have prejudiced Synthes (D) because Synthes (D) king claim the device was not spoilt but t! hat 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: atomic number 18 joint tortfeasors necessary parties under Fed.R.Civ.P. 19? HOLDING AND finish: (Per curiam) nary(prenominal) Joint tortfeasors are not necessary parties under Fed.R.Civ.P. 19. It has colossal been...If you want to get a full essay, order it on our website: BestEssayCheap.com

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