Civil Procedure Keyed to Cound
Temple v. Synthes Corp
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Temple (Plaintiff), a resident of Mississippi, underwent surgery in Louisiana in which a “plate and screw device” was surgically implanted and broke off after the surgery. Plaintiff sued Synthes Corp. (Defendant), the manufacturer of the device, in federal court in Louisiana and sued the doctor and hospital involved in Louisiana state court. Defendant moved to dismiss Plaintiff’s case for failure to join necessary parties under Federal Rule of Civil Procedure 19(a). The District Court ordered Plaintiff to join the doctor and hospital in the interest of judicial economy or face dismissal of Plaintiff’s case. Plaintiff did not join the doctor or hospital and the District Court dismissed Plaintiff’s case. The Fifth Circuit affirmed the District Court’s decision. Plaintiff appealed.
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