Civil Procedure Keyed to Yeazell
Temple v. Synthes Corp
Plaintiff filed a suit against the Defendant, alleging defective design and manufacture of a plate and screw device implanted in his spine. Plaintiff later filed suit in State court against the doctor who installed the device and the hospital in which the procedure took place. Rather than attempt to bring the doctor and hospital into the Federal action by means of a third party complaint, Defendant filed a motion to dismiss Plaintiff’s Federal suit for failure to join necessary parties pursuant to Federal Rule of Civil Procedure 19. Following a hearing, the District Court ordered Plaintiff to join the doctor and the hospital as defendants within twenty days or risk dismissal of the lawsuit. Plaintiff appealed, and the United States Court of Appeals for the Fifth Circuit affirmed.
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