|
|
|
U.S. Code as of:
01/19/04
Section 1606. Subsequent impleader of dismissed biomaterials supplier
(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 notwithstanding any otherwise
applicable statute of limitations, may implead a biomaterials
supplier who has been dismissed from the action pursuant to 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
Notwithstanding any preliminary finding under subsection (a) of
this section, a biomaterials supplier who has been impleaded into
an action covered by this chapter, as provided for in this section
-
(1) 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) of
this section; 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 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.
|
|