Temple v. Synthes Corp., 498 U.S. 5 (1991). · Go Syfert
Temple v. Synthes Corp., 498 U.S. 5 (1991). Cases Citing This Book View Copy Cite
Quick Summary

A party's status as a joint tortfeasor does not make them a necessary or indispensable party but merely a permissive party to an action.

A plaintiff sued a manufacturer for a defective medical device after the device broke during surgery. The manufacturer moved to dismiss the suit for failure to join the surgeon and the hospital as necessary parties under Rule 19. The district court ordered the joinder and subsequently dismissed the case when the plaintiff failed to comply. The question is whether all joint tortfeasors must be joined as indispensable parties. Because a tortfeasor with joint and several liability is merely a permissive party to an action against another with similar liability, the surgeon and hospital were not necessary parties under Rule 19(a). The court reversed the dismissal.

900 citation events (746 in the last 25 years) across 107 distinct courts.
Strongest positive: Larry Polizzi v. Salesians of Don Bosco et al. (lamd, 2026-05-13)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Larry Polizzi v. Salesians of Don Bosco et al. (2×) also: Cited as authority (rule)
M.D. La. · 2026 · quote attribution · 1 verbatim quote · confidence high
the advisory committee notes to rule 19(a) explicitly states that a tortfeasor with the usual joint and several liability is merely a permissive party to an action against another with the like liability.... there is nothing in louisiana tort law to the contrary.
discussed Cited as authority (verbatim quote) Douglas F. Carlson and Maya Zubkovskaya v. Colorado Center for Reproductive Medicine, LLC, Fertility Labs of Colorado, LLC, and Robert L. Gustofson, M.D.
D. Colo. · 2026 · quote attribution · 1 verbatim quote · confidence high
here, no inquiry under rule 19(b) is necessary, because the threshold requirements of rule 19(a) have not been satisfied.
discussed Cited as authority (verbatim quote) Anna Phillips, in her capacity as the Liquidating Trustee of the ONH Liquidating Trust v. SS Associates LLC
Bankr. D. Del. · 2026 · quote attribution · 1 verbatim quote · confidence high
moreover, it is well-established that rule 19 does not require the joinder of joint tortfeasors.
examined Cited as authority (verbatim quote) John T.B. Doe v. Salesians of Don Bosco, ET AL. (3×) also: Cited "see", Cited "see, e.g."
M.D. La. · 2026 · quote attribution · 1 verbatim quote · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (verbatim quote) Nathaniel Dill v. 80-Lower, et al.
E.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
a defendant's right to contribution or indemnity from an absent non-diverse party does not render that absentee indispensable pursuant to rule 19.
discussed Cited as authority (verbatim quote) Kopplin v. Sugar Mountain Resort, Inc.
W.D.N.C. · 2025 · quote attribution · 1 verbatim quote · confidence high
joint tortfeasors are not considered indispensable parties under federal law
discussed Cited as authority (verbatim quote) DISABILITY RIGHTS NORTH CAROLINA v. THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES
M.D.N.C. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (verbatim quote) Palm Avenue Hialeah Trust v. Eisenberg
S.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (verbatim quote) A. Perry Designs & Builds, P.C. v. J. Paul Builders, LLC
D. Maryland · 2024 · quote attribution · 1 verbatim quote · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (verbatim quote) VAN SCIVER v. LINDE, INC.
D.N.J. · 2024 · quote attribution · 1 verbatim quote · confidence high
as a matter of law, joint tortfeasors are not indispensable parties.
discussed Cited as authority (verbatim quote) <font color=\red\">DO NOT FILE IN THIS CASE</font> - TRANSFERRED TO CAMDEN NEW CIVIL ACTION NO. 1:22-cv-06412"
D.N.J. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
no inquiry under rule 19(b) is necessary, because the threshold requirements of rule 19(a) have not been satisfied.
discussed Cited as authority (verbatim quote) INSIGNIA DISPOSAL SERVICES, LLC v. HREBENAR
E.D. Pa. · 2023 · quote attribution · 1 verbatim quote · confidence high
a defendant's right to contribution . . . from an absent non-diverse party does not render that absentee indispensable pursuant to rule 19.
discussed Cited as authority (verbatim quote) State of West Virginia ex rel. West Virginia Division of Corrections and Rehabilitation v. Honorable Alfred E. Ferguson, Judge of the Circuit Court of Cabell County, West Virginia and Mary Jane Comas, as Administratrix of the Estate of Deanna R. McDonald
W. Va. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (verbatim quote) State of West Virginia ex rel. West Virginia Division of Corrections and Rehabilitation v. Honorable Alfred E. Ferguson, Judge of the Circuit Court of Cabell County, West Virginia and Mary Jane McComas, as Administratrix of the Estate of Deanna R. McDonald
W. Va. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (verbatim quote) Lliguicota v. Diamond Nail Salon, LLC
D. Conn. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (verbatim quote) Tusha v. Masciantonio
D. Del. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (verbatim quote) CHALEPLIS v. KARLOUTSOS
E.D. Pa. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (verbatim quote) Becker v. Delek US Energy, Inc.
M.D. Tenn. · 2020 · quote attribution · 1 verbatim quote · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (verbatim quote) Al-Sabah v. World Business Lenders, LLC
D. Maryland · 2020 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (verbatim quote) Procom Supply, Inc. v. Langner
N.D. Ohio · 2020 · quote attribution · 1 verbatim quote · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (quoted) Frost Solutions, LLC v. Patrick Baglien, Christopher Lareau, and Vue Robotics, LLC
D.N.H. · 2026 · signal: cf. · quote attribution · 1 verbatim quote · confidence low
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
examined Cited as authority (quoted) TrendTex Fabrics, LTD v. BONNIE BROWN DESIGNS, INC. (6×) also: Cited "see"
S.D. Fla. · 2023 · signal: see · quote attribution · 3 verbatim quotes · confidence high
n no inquiry under rule 19(b) is necessary, because the threshold requirements of rule 19(a) have not been satisfied.
examined Cited as authority (quoted) Aetna Life Ins. Co. v. Found. Surgery Affiliates, LLC (3×)
E.D. Pa. · 2018 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
examined Cited as authority (quoted) Hernandez v. Chevron U.S.A., Inc.
D.N.M. · 2018 · quote attribution · 1 verbatim quote · confidence low
a tortfeasor with the usual 'joint-and-several' liability is merely a permissive party to an action against another with like liability. joinder of these tortfeasors continues to be regulated by rule 20.
examined Cited as authority (quoted) United States v. Dawn Properties, Inc. (5×) also: Cited "see, e.g."
S.D. Miss. · 2014 · quote attribution · 3 verbatim quotes · confidence low
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
examined Cited as authority (quoted) Brookdale Senior Living Inc. v. Stacy (3×)
E.D. Ky. · 2014 · quote attribution · 3 verbatim quotes · confidence low
as potential joint tortfeasors ... they were merely permissive parties.
examined Cited as authority (quoted) Lomando v. United States (3×)
3rd Cir. · 2011 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
examined Cited as authority (quoted) Marshall v. James B. Nutter & Co. (3×)
D. Maryland · 2011 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence low
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
examined Cited as authority (quoted) United States v. Belanger (2×)
D. Me. · 2011 · signal: see · quote attribution · 2 verbatim quotes · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
examined Cited as authority (quoted) Welch v. THEODORIDES-BUSTLE (4×)
N.D. Fla. · 2010 · signal: see, e.g. · quote attribution · 4 verbatim quotes · confidence low
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit....
examined Cited as authority (quoted) ALLEN EX REL. ALLEN v. Devine (3×)
E.D.N.Y · 2009 · signal: see · quote attribution · 3 verbatim quotes · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
examined Cited as authority (quoted) AZAMAR v. Stern (3×)
D.D.C. · 2009 · signal: see · quote attribution · 3 verbatim quotes · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
examined Cited as authority (quoted) Huber v. Taylor (3×)
W.D. Pa. · 2007 · signal: see · quote attribution · 3 verbatim quotes · confidence high
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
examined Cited as authority (quoted) Official Committee of Unsecured Creditors for the Bankruptcy Estate of Boston Regional Medical Center, Inc. v. Ricks (3×)
D. Mass. · 2004 · signal: accord · quote attribution · 3 verbatim quotes · confidence high
here, no inquiry under rule 19(b) is necessary, because the threshold requirements of rule 19(a) have not been satisfied.
examined Cited as authority (quoted) Sykes v. Hengel (3×)
S.D. Iowa · 2004 · signal: see · quote attribution · 3 verbatim quotes · confidence high
no inquiry under rule 19(b) is necessary, because the threshold requirements of rule 19(a) have not been satisfied.
examined Cited as authority (quoted) Del Rosario-Ortega v. Star-Kist Caribe, Inc. (3×)
D.P.R. · 2001 · quote attribution · 3 verbatim quotes · confidence low
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
examined Cited as authority (quoted) Scottsdale Insurance v. Subscriptions Plus, Inc. (3×)
W.D. Wis. · 2000 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
ne focus of rule 19 is the 'interest of the courts and the public in complete, consistent, and efficient settlement of controversies.
examined Cited as authority (quoted) Baker v. Westin Rio Mar Beach Resort, Inc. (3×)
D.P.R. · 2000 · signal: see · quote attribution · 3 verbatim quotes · confidence high
it has long been the rule that it's not necessary for all joint tort-feasors to be named as defendants in a single suit.
examined Cited as authority (quoted) Rodin Properties-Shore Mall v. Cushman & Wakefield of Pennsylvania, Inc. (3×)
D.N.J. · 1999 · quote attribution · 3 verbatim quotes · confidence low
it has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.
discussed Cited as authority (rule) Bonilla Sánchez v. Orta Y Otros (2×)
prsupreme · 2026 · confidence medium
Por la naturaleza de la reclamación, en los casos de las reclamaciones extracontractuales, los alegados cocausantes no constituyen partes indispensables, cuya falta de acumulación conlleve la desestimación de la acción.47 Así se afirmó en Temple v. Synthes Corp., Ltd., 498 U.S. 5, 7 (1990).
cited Cited as authority (rule) Aut De Acueductos Y Alcantarillado De Pr v. Municipio De Mayaguez
prapp · 2026 · confidence medium
Véase, Temple v. Synthes Corp., 498 US 5, 7 (1990).
discussed Cited as authority (rule) GM Global Technology Operations, LLC v. Quality Collision Parts, Inc. and General Motors Company, Inc. and General Motors, LLC. (2×) also: Cited "see"
E.D. Mich. · 2026 · confidence medium
Notably, the Federal Circuit in In re EMC Corp. also pointed out that, “[i]t is clear that where defendants are alleged to be jointly liable, they may be joined under Rule 20 because the transaction-or-occurrence test is always satisfied.” 677 F.3d at 1356; Temple v. Synthes Corp., 498 U.S. 5, 7 (1990) (per curiam) (noting that a joint tortfeasor is a permissive party).
discussed Cited as authority (rule) Starmark Financial, LLC v. Vasant Nanavati
S.D. Fla. · 2026 · confidence medium
Fla. June 15, 2010) (“Parties to a contract are indispensable when a suit concerns the rights and obligations afforded by the contract.” (collecting cases)). 9 Although Starmark argues that the absent parties need not be joined because “it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit,” Temple v. Synthes Corp., Ltd., 498 U.S. 5, 7 (1990), it is not clear that Luther and the estate are, indeed, joint tortfeasors for breach of fiduciary duty and fraud.
cited Cited as authority (rule) Sergey Firsov v. United Airlines, Inc., et al.
N.D. Cal. · 2025 · confidence medium
P. 11(b); Business Guides, Inc. v. Chromatic Comm. Enters., Inc., 498 U.S. 5 533, 542 (1991).
cited Cited as authority (rule) Sarah J. Reichman v. Austen Bailey, et al.
N.D. Ohio · 2025 · confidence medium
Temple v. Synthes Corp., 498 U.S. 5, 8 (1990).
cited Cited as authority (rule) Lula Williams v. Matt Martorello
4th Cir. · 2025 · confidence medium
And it “has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit.” Temple v. Synthes Corp., 498 U.S. 5, 7 (1990).
discussed Cited as authority (rule) Ledoux v. SUBCOM, LLC
D. Maryland · 2025 · confidence medium
Moreover, SubCom Defendants have not explained why this case proves an exception to the general rule that “it is not necessary for all [alleged] joint tortfeasors to be named as defendants in a single lawsuit.” Temple v. Synthes Corp. Ltd., 498 U.S. 5, 7 (1990) (reversing lower court’s decision labeling joint tortfeasors indispensable parties under Rule 19 and collecting cases holding joint tortfeasors are not indispensable parties under Rule 19(b)); see also Austin v. Unarco Indus., Inc., 705 F.2d 1, 5 (1st Cir. 1983) (“Joint tortfeasors are not considered indispensable parties under …
cited Cited as authority (rule) Ragouzis v. Hamilton
E.D. Ky. · 2025 · confidence medium
Id. (citing Temple v. Synthes Corp., 498 U.S. 5, 8 (1990) (per curiam)).
cited Cited as authority (rule) Wilson v. Norman
N.D. Ill. · 2025 · confidence medium
Temple v. Synthes Corp., 498 U.S. 5, 7 (1990).
discussed Cited as authority (rule) TALBOT UNDERWRITING LIMITED v. NUTRA FOOD INGREDIENTS, LLC
W.D. Pa. · 2025 · confidence medium
Pa. May 20, 2020); Temple v. Synthes Corp., 498 U.S. 5, 7 (1990); Janney Montgomery Scott, Inc. v. Shepard Niles, Inc., 11 F.3d 399, 409 (3d Cir. 1993) (“‘The mere fact, however, that Party A, in a suit against Party B, intends to introduce evidence that will indicate that a non-party, C, behaved improperly does not, by itself, make C a necessary party.’” (quoting in parenthetical Pujol v. Shearson/American Express, Inc., 877 F.2d 132, 136 (1st Cir. 1989))); Freedom Int’l Trucks, Inc. of New Jersey v. Eagle Enterprises, Inc., No. 97-4237, 1998 WL 695397 , at *3 (E.D.
Retrieving the full opinion text from the archive…
Temple
v.
Synthes Corp., Ltd.
90-295.
Supreme Court of the United States.
Jan 7, 1991.
498 U.S. 5
1990 U.S. LEXIS 5672
Per Curiam.

Petitioner Temple, a Mississippi resident, underwent surgery in October 1986 in which a “plate and screw device” was implanted in his lower spine. The device was manufactured by respondent Synthes Corp., Ltd. (U. S. A.) (Synthes), a Pennsylvania corporation. Dr. S. Henry LaRocca performed the surgery at St. Charles General Hospital in New Orleans,[*6] Louisiana. Following surgery, the device’s screws broke off inside Temple’s back.

Temple filed suit against Synthes in the United States District Court for the Eastern District of Louisiana. The suit, which rested on diversity jurisdiction, alleged defective design and manufacture of the device. At the same time, Temple filed a state administrative proceeding against Dr. LaRocca and the hospital for malpractice and negligence. At the conclusion of the administrative proceeding, Temple filed suit against the doctor and the hospital in Louisiana state court.

Synthes did not attempt to bring the doctor and the hospital into the federal action by means of a third-party complaint, as provided in Federal Rule of Civil Procedure 14(a). Instead, Synthes filed a motion to dismiss Temple’s federal suit for failure to join necessary parties pursuant to Federal Rule of Civil Procedure 19. Following a hearing, the District Court ordered Temple to join the doctor and the hospital as defendants within 20 days or risk dismissal of the lawsuit. According to the court, the most significant reason for requiring joinder was the interest of judicial economy. App. to Pet. for Cert. A-12. The court relied on this Court’s decision in Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U. S. 102 (1968), wherein we recognized that one focus of Rule 19 is “the interest of the courts and the public in complete, consistent, and efficient settlement of controversies.” Id., at 111. When Temple failed to join the doctor and the hospital, the court dismissed the suit with prejudice.

Temple appealed, and the United States Court of Appeals for the Fifth Circuit affirmed. 898 F. 2d 152 (1990) (judgt. order). The court deemed it “obviously prejudicial to the defendants to have the separate litigations being carried on,” because Synthes’ defense might be that the plate was not defective but that the doctor and the hospital were negligent, while the doctor and the hospital, on the other hand, might claim that they were not negligent but that the plate was de[*7] fective. App. to Pet. for Cert. A-3. The Court of Appeals found that the claims overlapped and that the District Court therefore had not abused its discretion in ordering joinder under Rule 19. A petition for rehearing was denied.

In his petition for certiorari to this Court, Temple contends that it was error to label joint tortfeasors as indispensable parties under Rule 19(b) and to dismiss the lawsuit with prejudice for failure to join those parties. We agree. Synthes does not deny that it, the doctor, and the hospital are potential joint tortfeasors. It has long been the rule that it is not necessary for all joint tortfeasors to be named as defendants in a single lawsuit. See Lawlor v. National Screen Service Corp., 349 U. S. 322, 329-330 (1955); Bigelow v. Old Dominion Copper Mining & Smelting Co., 225 U. S. 111, 132 (1912). See also Nottingham v. General American Communications Corp., 811 F. 2d 873, 880 (CA5) (per curiam), cert. denied, 484 U. S. 854 (1987). Nothing in the 1966 revision of Rule 19 changed that principle. See Provident Bank, supra, at 116-117, n. 12. The Advisory Committee Notes to Rule 19(a) explicitly state that “a tortfeasor with the usual ‘joint-and-several’ liability is merely a permissive party to an action against another with like liability.” 28 U. S. C. App., p. 595. There is nothing in Louisiana tort law to the contrary. See Mullin v. Skains, 252 La. 1009, 1014, 215 So. 2d 643, 645 (1968); La. Civ. Code Ann., Arts. 1794, 1795 (West 1987).

The opinion in Provident Bank, supra, does speak of the public interest in limiting multiple litigation, but that case is not controlling here. There, the estate of a tort victim brought a declaratory judgment action against an insurance company. We assumed that the policyholder was a person “who, under § (a), should be ‘joined if feasible.’” 390 U. S., at 108, and went on to discuss the appropriate analysis under Rule 19(b), because the policyholder could not be joined without destroying diversity. Id., at 109-116. After examining the factors set forth in Rule 19(b), we determined that the[*8] action could proceed without the policyholder; he therefore was not an indispensable party whose absence required dismissal of the suit. Id., at 116, 119.

Here, no inquiry under Rule 19(b) is necessary, because the threshold requirements of Rule 19(a) have not been satisfied. As potential joint tortfeasors with Synthes, Dr. La-Rocca and the hospital were merely permissive parties. The Court of Appeals erred by failing to hold that the District Court abused its discretion in ordering them joined as defendants and in dismissing the action when Temple failed to comply with the court’s order. For these reasons, we grant the petition for certiorari, reverse the judgment of the Court of Appeals for the Fifth Circuit, and remand for further proceedings consistent with this opinion.

It is so ordered.