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Impleader is a procedural device before trial in which one party joins a third party into a lawsuit because that third party is liable to an original defendant: for example, in a case where a driver rear-ended another car due to faulty brakes, and is sued by the accident victim, the driver may decide to implead the repair shop where the brakes were worked on because the driver's liability derives from the repair shop's liability for their faulty repair of the breaks.
The theory is that two cases may be decided together and justice may be done more efficiently than having two suits in a series.
See Rule 14[1] of the Federal Rules of Civil Procedure for further information.
Common bases of contingent or derivative liability by which third parties may be impleaded include indemnity, subrogation, contribution, and warranty.
Other third-party claims
References
- ^ "Federal Rules of Civil Procedure, Rule 14". Legal Information Institute. http://www.law.cornell.edu/rules/frcp/Rule14.htm. Retrieved on 2009-03-17.
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