Also known as: Rule 14 · FRCP 14 · Fed. R. Civ. P. 14 · FRCP Rule 14
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device in federal civil litigation that enables a defending party to implead a nonparty who may be liable for all or part of the claim against the defending party.
BlueOcean Logistics sued Harbor Port Services in federal court on diversity grounds for damage to containers. Harbor Port impleaded Bayview Stevedoring for indemnity. BlueOcean then asserted its own negligence claim directly against Bayview. The court dismissed the claim because the plaintiff could not invoke supplemental jurisdiction over a claim against the Rule 14 party in a diversity-only action.
Apex Manufacturing sued Delta Transport on diversity grounds for breach of contract. Delta impleaded Echo Logistics under Rule 14 for contribution. Apex then asserted its own tort claim directly against Echo. The court dismissed the claim because 1367(b) withholds supplemental jurisdiction over plaintiff claims against Rule 14 parties in diversity-only actions.
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Summit Machines sued Metro Fabrication on diversity grounds for breach of contract. Metro impleaded Apex Components for contribution. Summit then asserted additional claims directly against Apex. The court dismissed those claims because they involved a nondiverse plaintiff-defendant pair in a diversity-only action.
Sentinel Mutual answered a complaint and impleaded Apex Claims Services for indemnity. The original plaintiff then asserted a direct claim against Apex. The court dismissed the claim because 1367(b) bars supplemental jurisdiction when the claim would destroy complete diversity in a diversity-only action.
Pioneer Devices sued MetroCare Health System on diversity grounds. MetroCare impleaded Dr. Lopez for contribution. Patients then sought to intervene as plaintiffs with claims against Dr. Lopez. The court denied intervention because the proposed claims would destroy complete diversity.
EcoWaste sued Riverbend Chemicals on diversity grounds. Riverbend impleaded CleanEarth Consulting for contribution. Landowners from the same state as CleanEarth moved to intervene as plaintiffs with claims against it. The court denied the motion because the intervention would violate complete diversity requirements.
A defending party may implead without leave only within fourteen days after serving its answer. After that window the defendant must file a motion and obtain court approval before filing the third-party complaint.
Supporting sources
Section 1367(b) bars supplemental jurisdiction over claims by plaintiffs against persons made parties under Rule 14 when the original action rests solely on diversity and the claim would destroy complete diversity.
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The court must dismiss the claim for lack of subject matter jurisdiction because the statute expressly withholds supplemental jurisdiction in diversity-only cases to protect the complete diversity requirement.
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The statute prohibits supplemental jurisdiction over claims by persons seeking to intervene as plaintiffs under Rule 24 against Rule 14 parties when complete diversity would be lacking.
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…shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs…