impleader

Question 1

what is an impleader claim for?

Answer 1

shifting liability from a defendant to a third-party plaintiff

common in indemnity and contribution cases
indemnity = shifts liability completely, must cover full claim
contribution = shifts liability pro rata

Question 2

impleader claims are…

Answer 2

permissive

Question 3

impleader & plaintiff’s claims

Answer 3

• after 3P defendant is impleaded, plaintiff can assert claims against 3P defendant that arise out of same T/O as underlying case
• 3P defendant may also assert claims against the plaintiff that arise out of same T/O

must have SMJ over any new claims - check each claim individually for FQ/diversity/supp.