Joinder and Supplemental Jurisdiction - Crossclaims Against Coparties and Impleader

Question 1

Crossclaim

Answer 1

A claim against a coparty

Question 2

Rule 13(g)

Crossclaims Against a Coparty

Answer 2

A pleading may state any claim against a coparty if the claim arises from the transaction or occurrence that is the subject matter of the original claim or of a counterclaim, or if the claim relates to property that is the subject matter of the original claim.

Question 3

Rule 14(a)(1)

Defendant Impleading

Answer 3

A defendant can implead a third party who may be liable for all or part of the plaintiff’s claim against the defendant. But the defendant must get leave of the court if it files the third-party complaint more than 14 days after filing the original answer

Question 4

Rule 14(a)(2)

Third-Party Defendant’s Claims and Defenses

Answer 4

A third-party defendant

• Must assert any defenses against the third-party plaintiff’s claim under Rule 12
• Must assert any counterclaims against the third-party plaintiff under Rule 13(a), may assert counterclaims under Rule 13(b) and may assert any crossclaims under Rule 13(g).
• May assert any claims the third-party plaintiff has against the original plaintiff
• May assert any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff

Question 5

Rule 14(a)(3)

Plaintiff’s Claims Against a Third-Party Defendant

Answer 5

The plaintiff may assert any claim against the third-party defendant that arise under the same transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff

Question 6

Rule 14(a)(4)

Move to Strike

Answer 6

Any party may move to strike, sever or try the third-party claim separately

Question 7

Rule 14(a)(5)

Third-Party Defendant’s Claim Against a Nonparty.

Answer 7

A third-party defendant may sue a third party who is liable for part or all of any claim against it

Question 8

Rule 14(a)(6)

In Rem

Answer 8

Rules for admiralty or maritime jurisdiction

Question 9

Rule 14(b)

Plaintiff Bringing a Third Party in

Answer 9

When a party sues the plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.

Question 10

Defendant’s Claim Against a Third Party

Answer 10

The defendant must have a claim against the third party and cannot just bring it in saying the plaintiff should have sued the third party. However, the third party may be liable directly to the plaintiff, as long as it also has some liability to the defendant.

Question 11

Rights of a Third Party

Answer 11

Once a third party is impleaded, it has the same rights to proper service, file counterclaims and crossclaims, and implead another party as all the parties do.

Question 12

Courts Refusing Impleader

Answer 12

Courts can refuse to allow an impleader if it would unduly complicate matters, introduce unrelated issues or delay the resolution of the main claim.

Question 13

Third-Party Defendant

Answer 13

The party that the original defendant brings into a lawsuit in a third party action.

Question 14

Third-Party Plaintiff

Answer 14

A defendant who files a third-party complaint against a third party