Difference between impleader and joinder?
Posted: Mon Jul 23, 2018 8:53 am
Can someone explain the difference between a defendant impleading a third party vs permissive joinder?
Joinder: If by plaintiff, plaintiff is (1) joining different claims against the same defendant, or (2) joining different defendants on the same claim/common question. If by defendant, defendant is (1) doing a compulsory counterclaim against plaintiff (saying "No YOU'RE at fault"), (2) doing a permissive counterclaim against plaintiff for something else (saying "I know you're suing me for a contracts claim, but last week you hit me with your car--two can play at this game!"), or (3) doing a permissive crossclaim against someone else for the same transaction and occurrence.
Impleading: defendant is usually claiming indemnity from someone else. They are not saying "Hey, Third Party is liable!" You can't do that. Instead, impleading is saying, "Hey, fine, but I get payment from Third Party because indemnity/insurance/some other similar indemnity."