Justice Miers? l This morning at 8 a.m., President Bush announced he was nominating White House Counsel Harriet Miers to the United States Supreme Court CIVIL PROCEDURE CLASS 18 Professor Fischer Columbus School of Law The Catholic University of America October 3, 2005 WRAP-UP OF LAST CLASS l We discussed the rules for adding claims against existing parties (cross-claims and counterclaims) (FRCP 13) l REMINDER big picture - JOINDER RULE 13(h) Allows additional parties to be joined to a counterclaim or cross-claim under Rules 19 or 20 Rule 13(i) l Provides for separate trials (R. 42(b))/or and separate judgments (R. 54(b)) on counterclaims or cross-claims due to the potential of such claims to confuse juries l Note R. 42(b) provides for separate hearings in the same trial; severance of parties under R. 21 will result in separate trials as will exercise of court s discretion under R. 20(b) FRCP 14: IMPLEADER l What is IMPLEADER (also known as <a href="/keyword/third-party/" >third party</a> practice) and what is its PURPOSE? FRCP 14: IMPLEADER l What is the defendant called in third-party proceedings? l THIRD-PARTY PLAINTIFF (TPP) l What is the impleaded person called? l <a href="/keyword/third-party/" >third party</a> DEFENDANT (TPD) DISTINGUISING IMPLEADER, l From COUNTERCLAIMS? l From CROSS-CLAIMS? Who can be joined under FRCP 14? l Persons, not already parties, who, under applicable law, may be obligated to reimburse the D . l What are some examples? l e.g. tortfeasor seeks contribution or indemnity from others who may be liable to P if D is found liable but whom P has not sued l OR someone not a party who has acted a a guarantor of a transaction and who will be liable under the guarantee if D is found liable l MUST SUCH PERSONS BE JOINED? HYPO l Assume the Massachusetts contribution statute applies. Souter is involved in a car accident with two other drivers, Scalia and Roberts. Souter sues Scalia for negligence. Can Scalia implead Roberts on the basis that his negligence also caused Souter s injuries? HYPOTHETICAL l Assume the Massachusetts contribution statute applies. Souter is involved in a car accident with two other drivers, Scalia and Roberts. Souter sues Scalia for negligence. Can Scalia implead Roberts on the basis that it was Roberts who was negligent, not Scalia? SERVICE REQUIREMENTS l Hypo: Souter is involved in a car accident with two other drivers, Scalia and Roberts. Souter sues Scalia for negligence. Scalia wants to implead Roberts on the basis that his negligence also caused Souter s injuries. l Advise Scalia as to what rule governs service and filing of a third-party complaint. Timing of Impleader Claims l At what stage of the action can a third -party complaint be served? l At any time (14(a)) l When is the leave of court required? l If third-party complaint is filed more than 10 days after answer is served GROSS V. HANOVER INSURANCE CO. l Who did defendants seek to implead and for what claims? l This is a subrogation claim. What does that mean? Relation of third-party claims to original claim l Can a D make a third-party claim under FRCP 14 that is unrelated to the claims against that D? l No, the third-party claim must relate to the main claim and must depend on the outcome of the main action. See U.S. v. Olavarrieta at CB p. 332 YET MORE PARTIES l Can a TPD implead other parties and if so, in what circumstances? l If a TPD impleads someone, what is that person called? l That person is a fourth-party defendant l Diagram: P-----D/TPP-------TPD------FPD l Can this go on and on forever? SEPARATE TRIALS l What provision of FRCP 14 provides for separate trials? l To prevent overly complex trials that would confuse the trier of fact, 14(a) provides Any party may move to strike the thirdparty claim or for its severance or separate trial. l Also don t forget rules 42(b) and 21! Counterclaim Ds and impleader l Can a P who is a counterclaim-D implead third parties and if so, in what circumstances? What provision of the FRCP governs this? D P T PLEADING REQUIREMENTS FOR THIRD-PARTY COMPLAINTS l A third-party complaint must comply with FRCP 8 and 11 l 8(a) A pleading which sets forth a claim for relief, whether an original claim or third-party claim shall contain (2) a short and plain statement of the claim showing that the pleader is entitled to relief l Rules 12 (defenses) and 13 (counterclaims/cross claims) also apply PLAINTIFFS AND THIRDPARTY Ds l Can a P sue a person joined as a TPD and if so, in what circumstances? l Yes, so long as the P s claim arises out of the same transaction or occurrence as the original claims. This is discretionary, not mandatory. l ...