Civil Procedure

temple v. Synthes Corp. (pg 762) Medical introduce user (P) v. Implant manufacturing business (D) NATURE OF CASE: apostrophize of terminateal with prejudice of fill for regaining for products indebtedness, medical checkup malpractice, and negligence. FACT drumhead: synagogues (P) federal causal broker against Synthes (D), the manufacturer of a domicile enter in synagogues (P) back, was edit out when temple (P) failed to marry the twist and the infirmary responsible for recline the abode. CONCISE RULE OF righteousness: Joint tortfeasors argon not necessary parties beneath federal official prevail of Civil cognitive process 19. FACTS: A plate and screw device implant in Temples (P) back malfunctioned. Temple (P) filed a federal royal court 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 mend who implanted the device and the hospital where the operation was performed. Synthes (D) filed a feat to dismiss the federal pillow slip down the stairs Fed.R.Civ.P. 19 for Temples (P) bereavement to sum necessary parties. The govern court agreed that the fixate and the hospital were necessary parties and gave Temple (P) 20 days to join them. When Temple (P) did not, the court laid-off the suit with prejudice.

The court of appeals affirmed, determination that Rule 19 allowed the regularise court to order joinder in the hurl-to doe with of complete, consistent, and efficient answer of controversies. It further found that overlapping, split up lawsuits would have prejudiced Synthes (D) because Synthes (D) index claim the device was not spoilt but that the doctor up 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: ar 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 capacious been...If you want to get a full essay, order it on our website: Orderessay

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