Supreme Court of Alabama
Ex Parte Integra Lifesciences Corporation (in Re: Tawni Brooks and Bobby Brooks v. Kitti Outlaw, Md)
August 24, 2018271 So. 3d 814
Summary
The Alabama Supreme Court granted Integra's petition for mandamus in part, directing the trial court to enter summary judgment on Integra's AEMLD claim because the plaintiff failed to exercise due diligence in identifying the fictitious defendant, and denied the petition on the breach‑of‑warranty claim, finding it not time‑barred. The Court applied the relation‑back doctrine under Rules 9(h) and 15(c)(4) and affirmed that a plaintiff must investigate trademark names in medical records to discover a manufacturer’s identity before the limitations period expires.