If the bill of lading indicates the name of a party in the letterhead then he invariably impleads
him as a defendant in the proceedings and then by way of abundant caution and also in view of the provisions of section 55 of customs Act,1969, he impleads
thelocal shipping agents as well.
Next I "suppose[d] that in response to P's original complaint against D1 alone, D1 impleads D2 as a third-party defendant under Rule 14(a) of the Federal Rules of Civil Procedure.
The conceptions disagree if B not only impleads AB but also counterclaims against A to establish A's proportional fault.
As a procedural matter it is clear that a plaintiff thus placed in a defensive posture has the right to implead new parties as third-party defendants who may be liable to indemnify the plaintiff for the liability asserted against the plaintiff.
Finally, the plaintiff impleads its Michigan subcontractor under Rule 14 for indemnity and contribution in response to the defendant's counterclaim.
Essentially, Plaintiff acts as a defendant to National Can's claim when it impleads
49) The Court reasoned that if ancillary jurisdiction could be exercised over such claims, a plaintiff could easily evade the requirement of complete diversity "by the simple expedient of suing only those defendants who were of diverse citizenship and waiting for them to implead nondiverse defendants.
For example, if a plaintiff from New Jersey sues a defendant from Pennsylvania who impleads a third-party defendant from New Jersey, the amendment is designed to preclude supplemental jurisdiction over the plaintiff's claim against the third-party defendant.
Outside of that unlikely situation, a plaintiff seeking a federal court could do precisely as the Court in Kroger feared: file a federal action naming only those defendants diverse from the plaintiff, expecting that those defendants will implead the others who share the plaintiff's citizenship, and then file a claim against those third-party defendants.
It seems to me that we are at least as far away from the Kroger rationale here as we are when a plaintiff seeks to implead a third-party defendant in response to a counterclaim.
Plaintiff A sues defendant B, who impleads third-party defendant AA.
For instance, given the actual alignment of parties in the Kroger case, where A sues B and B impleads AB (a cocitizen of both A and B), AB's assertion of a claim against A would allow A to invoke supplemental jurisdiction over claims against additional nondiverse defendants joined by A's amendment of the complaint.