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Civil Procedure Keyed to Babcock
Temple v. Synthes Corp.
Citation:
498 U.S. 5 (1990)Facts
Plaintiff Temple underwent surgery at a Louisiana hospital to get a plate and screw, manufactured by Defendant Synthes, implanted into his spine. After one of the screws broke off in Plaintiff’s back, Plaintiff Temple sued Synthes in federal district court and the doctor that performed the surgery and the hospital in Louisiana state court. Defendant Synthes moved to dismiss the claim arguing that Plaintiff failed to join the doctor and hospital who were necessary under FRCP 19. The district court agreed and ordered Plaintiff Temple to join the doctor and hospital. When Temple failed to do so the court dismissed the suit. Plaintiff Temple appealed and the court of appeals affirmed. The United States Supreme Court granted certiorari.
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