Fed Civ Pro - Impleader (questions underlined)
If a defendant brings in a third party, the court will have supplemental JX over the claim. The court also needs personal JX over the impleaded party. On what basis does the court determine whether it has personal JX?
On an essay, are we supposed to go through the traditional, long arm/minimum contacts analysis to make sure that the impleaded party is validly in the case?
An impleaded party can bring a compulsory counterclaim against the plaintiff if it stems from the same transaction or occurrence from the case the plaintiff is suing the original defendant. This would fall under supplemental JX, but what to do about PJX? Is supplemental JX available to the impleaded party regardless of who they file a counterclaim against as long as it's from the same transaction or occurrence?
But if a Plaintiff than files a claim against the impleaded party arising from the same transaction or occurrence, there must be PJX and SMJ,for the court to hear anything. Will supplemental JX apply if the claim is from the same transaction or occurrence? What if P's claim against the impleaded party is completely unrelated? My feeling is is that even if P's claims arise out of the same transaction or occurrence against the impleaded party, P will still need independent SMJ (diversity, I guess). And somehow, we'd still need to prove that the court has PJ over the impleaded party. if that is correct, is P even allowed to claim anything against impleaded defendant that is unrelated to the claim against the original defendant?
Sorry, lots of questions, but there's literally no explanation that sufficiently answers in my prep materials. The closest I got was this site
, which was somewhat helpful, but didn't answer all the questions I had to a certainty.
Supplemental JX available for all claims except P suing TPD (any type of claim), and a permissive counterclaim from TPD against P or TPP.
Yes, the 100 mile bulge rule thing applies for PJ, but what if there's no way to serve the TPD within 100 miles of a court house? Does mail count? Holy crap, does mailed service count?! I swear if it does, or any type of service counts (mail would be ideal because the TPD is not required to be in the state where the fed dist court sits re bulge rule), then I've just wasted a lot of time. In that case, the TPD can literally be served nationwide because there will be some fed dist court where the original case is sitting, and the TPP can just pop off a third party complaint in the mail.