文档介绍：CIVIL PROCEDURE CLASS 16
Professor Fischer
Columbus School of Law
The Catholic University of America
October 2, 2002
WRAP-UP OF LAST CLASS
We discussed rules for joinder of parties and the Kedra case (FRCP 19, 20, 21)
We discussed the rules for adding claims against existing parties (cross-claims and counterclaims) (FRCP 13)
WHAT WILL WE DO TODAY?
A few words on PE12. The most important: avoid being overly conclusory. Don’t forget to provide your reasoning and also cite legal sources that support your argument (. rules, cases). See handout (model answer).
We will learn about impleader under FRCP 14
If time, we will do Practice Exercise 13
Massachusetts Contribution Statute
A useful resource:
Article by Matthew C. Baltay in Boston Bar Journal (Nov./Dec. 2001) PRO RATA TORT CONTRIBUTION IS OUTDATED IN OUR ERA PARATIVE NEGLIGENCE bers/bbj/
PRACTICE EXERCISE 12: POSSIBLE COUNTERCLAIM
Shortly after the accident in which Charles was killed, Nancy calls a friend who works at Raytheon (where Randall is employed) and tells her that Randall is an alcoholic. Randall is fired from his job. Does Randall have a defamation claim against Nancy for slander? Would this be pulsory or permissive counterclaim? Would you need to do some legal research before you could answer this question?
PRACTICE EXERCISE 12: CROSS-CLAIM
Assume Nancy’s motion to add Ultimate Auto/City of Lowell has been granted and plaint filed. Also assume you represent Randall. Do you have a plausible cross-claim? Prove it. Focus on the language of Mass R. Civ. P. 13(g) which is the same as Fed. R. Civ. P. 13(g). If you do have a plausible cross-claim, how many counts would it have?
FRCP 14: IMPLEADER
This governs the procedure whereby the court can allow a defendant to bring a third party (not already a party) into the action
This is known as IMPLEADER
What is the purpose of impleader?
FRCP 14: IMPLEADER
What is the defendant called in third-party proceedings?
THIRD-PARTY PLAINTIFF (TP