Substantive Basis in Instituting Third- (Fourth-, etc.) Party Complaint

Question 1

Requirement of “substantive basis” in respect to the institution of a third- (fourth-, etc.) party complaint?

Answer 1

There is substantive basis when the third- (fourth-, etc.) party complaint is based on contribution, indemnity, subrogation, or any other substantive right.

Question 2

Test of existence of SUBSTANTIVE BASIS in filing a third- (fourth-, etc.) party complaint

Answer 2

A. Will the third-party defendant be liable to the third-party plaintiff (original defendant), the original plaintiff, or both for all or part of the original claim even if such third-party defendant’s liability arises from another transaction?

B. Can the third-party defendant assert a defense that the third-party plaintiff has or may have against the original plaintiff?

> > If the answer to the foregoing questions is YES, then, the filing of the third- (fourth-, etc.) party complaint has substantive basis.