14f: Joinder - Impleader (Third Party Claims by Defendant)

What triggers Impleader?

Defendant wants to drag a “third party Defendant” because D thinks a third party is wholly or partly responsible for D’s liability (indemnification, contribution, warranty, insurance—e.g. joint tortfeasors)

When must Defendant file request for Impleader?

Must file within 14 days of defendant’s answer (without leave) or requires court permission

What is the rule for Impleader?

A defendant MAY (permissive) implead a third party who IS or MAY BE liable to defendant for all or part of plaintiff’s claim.

Substantive law must support derivative liability or indemnification (by contract, statute, or common law).

The new Defendant is now in the door. What must the third party Defendant assert?

Counterclaims that are part of the same transaction or occurrence (compulsory)

What is chaining?

Third party Defendant may implead a 4th party Defendant if the Impleader rule is satisfied

Under 1367(b), can Defendants implead non-diverse third parties? Keep in mind it destroys diversity jurisdiction.

Yes, D can destroy diversity. 1367(b) only applies to Plaintiffs because Plaintiffs chose the forum.