21 U.S.C. § 1606 — Subsequent impleader of dismissed biomaterials supplier
submitted 28 years ago by Pub. L. 105-230 to r/title-21-FOOD-AND-DRUGS · 381 words · no verdicts yet
A court may bring a dismissed biomaterials supplier back into a covered action within 90 days after final judgment when the statutory causation and recovery conditions are met. The supplier may add evidence and is liable only under other applicable law.
(a) Impleading of dismissed defendant A court, upon motion by a manufacturer* or a claimant* within 90 days after entry of a final judgment in an action by the claimant against a manufacturer, and despite any otherwise applicable statute of limitations, may implead a biomaterials supplier* who has been dismissed from the action under this chapter if— (1) the manufacturer has made an assertion, either in a motion or other pleading filed with the court or in an opening or closing statement at trial, or as part of a claim for contribution or indemnification, and the court finds based on the court’s independent review of the evidence contained in the record of the action, that under applicable law— (A) the negligence or intentionally tortious conduct of the dismissed supplier was an actual and proximate cause of the harm* to the claimant; and (B) the manufacturer’s liability for damages should be reduced in whole or in part because of such negligence or intentionally tortious conduct; or (2) the claimant has moved to implead the supplier and the court finds, based on the court’s independent review of the evidence contained in the record of the action, that under applicable law— (A) the negligence or intentionally tortious conduct of the dismissed supplier was an actual and proximate cause of the harm to the claimant; and (B) the claimant is unlikely to be able to recover the full amount of its damages from the remaining defendants. (b) Standard of liability despite any preliminary finding under subsection (a), a biomaterials supplier who has been impleaded into an action covered by this chapter, as provided for in this section— (1) may, before entry of judgment on the claim against it, supplement the record of the proceeding that was developed before the grant of the motion for impleader under subsection (a); and (2) may be found liable to a manufacturer or a claimant only to the extent required and permitted by any applicable State or Federal law other than this chapter. (c) Discovery Nothing in this section must give a claimant or any other party the right to obtain discovery from a biomaterials supplier at any time before grant of a motion for impleader beyond that allowed under section 1605 of this title .
A court, upon motion by a manufacturer* or a claimant* within 90 days after entry of a final judgment in an action by the claimant against a manufacturer, and notwithstanding any otherwise applicable statute of limitations, may implead a biomaterials supplier* who has been dismissed from the action pursuant to this chapter if—
the manufacturer has made an assertion, either in a motion or other pleading filed with the court or in an opening or closing statement at trial, or as part of a claim for contribution or indemnification, and the court finds based on the court’s independent review of the evidence contained in the record of the action, that under applicable law—
the negligence or intentionally tortious conduct of the dismissed supplier was an actual and proximate cause of the harm* to the claimant; and
the manufacturer’s liability for damages should be reduced in whole or in part because of such negligence or intentionally tortious conduct; or
the claimant has moved to implead the supplier and the court finds, based on the court’s independent review of the evidence contained in the record of the action, that under applicable law—
the negligence or intentionally tortious conduct of the dismissed supplier was an actual and proximate cause of the harm to the claimant; and
the claimant is unlikely to be able to recover the full amount of its damages from the remaining defendants.
Notwithstanding any preliminary finding under subsection (a), a biomaterials supplier who has been impleaded into an action covered by this chapter, as provided for in this section—
may, prior to entry of judgment on the claim against it, supplement the record of the proceeding that was developed prior to the grant of the motion for impleader under subsection (a); and
may be found liable to a manufacturer or a claimant only to the extent required and permitted by any applicable State or Federal law other than this chapter.
Nothing in this section shall give a claimant or any other party the right to obtain discovery from a biomaterials supplier at any time prior to grant of a motion for impleader beyond that allowed under section 1605 of this title.
Source credit: (Pub. L. 105–230, § 7, Aug. 13, 1998, 112 Stat. 1528.)
- 1998Enacted · Pub. L. 105-230 · 112 Stat. 1528
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-230 on 1998-08-13.
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