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LJN's Product Liability Law & Strategy

August 2010

Establishing Diversity in Medical Device Litigation

Eliminating The Hospital Defendant

By John L. Tate and Holly N. Lankster

A medical device manufacturer served with a product liability lawsuit in state court often prefers to be in federal court, but diversity jurisdiction requirements cannot be met because a local hospital that purchased the device and supplied it for use on the plaintiff-patient is a non-diverse co-defendant.

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