3rd Party Claim Case Brief
Civ Pro II I. Joinder A. Joinder By ∆s: 3d Party Claims (Impleader Rule 14) 1. Cases a. Price v. CTB –
Latco moved to file a 3rd party complaint against ITW who designed the nails used in the chicken house.
Can implead under Rule 14 against someone who may be liable
“A 3rd party claim will not be permitted when it is based upon a separate & independent claim. Rather, the 3rd party liability must in some way be derivative of the original claim; a 3rd party may be impleaded only when the original ∆ is trying to pass all or part of the liability onto that 3rd party”
“Rule 14 grants Fed. courts discretion in determining the propriety of a 3rd party complaint, & in making its determination, a court may consider the …show more content…
Rule 23b
Categories:
* (1) Disputes, that if tried separately, could result in incompatible judgments or judgments that interfere with another’s right to relief * Mass production version of Rule 19 * (2) When the same injunctive of declaratory relief is appropriate for all members of the class * Drafters had in mind civil rights claims * (3) When a common question of law or fact predominates & a class action is the superior method of resolution * Most controversial; comprises all class actions not within the preceding subsections…includes all claims in which the πs are seeking PRIMARILY MONEY DAMAGES * Subdivided into = “small claims” (bunch of people alleging small amounts of damages) & “mass tort” (airplane crash, hotel fire, asbestos exposure)
h. Consequences of Certification: * In many cases greatly increase the stakes of the case for the ∆
Carry collateral procedural
Latco moved to file a 3rd party complaint against ITW who designed the nails used in the chicken house.
Can implead under Rule 14 against someone who may be liable
“A 3rd party claim will not be permitted when it is based upon a separate & independent claim. Rather, the 3rd party liability must in some way be derivative of the original claim; a 3rd party may be impleaded only when the original ∆ is trying to pass all or part of the liability onto that 3rd party”
“Rule 14 grants Fed. courts discretion in determining the propriety of a 3rd party complaint, & in making its determination, a court may consider the …show more content…
Rule 23b
Categories:
* (1) Disputes, that if tried separately, could result in incompatible judgments or judgments that interfere with another’s right to relief * Mass production version of Rule 19 * (2) When the same injunctive of declaratory relief is appropriate for all members of the class * Drafters had in mind civil rights claims * (3) When a common question of law or fact predominates & a class action is the superior method of resolution * Most controversial; comprises all class actions not within the preceding subsections…includes all claims in which the πs are seeking PRIMARILY MONEY DAMAGES * Subdivided into = “small claims” (bunch of people alleging small amounts of damages) & “mass tort” (airplane crash, hotel fire, asbestos exposure)
h. Consequences of Certification: * In many cases greatly increase the stakes of the case for the ∆
Carry collateral procedural