Third-Party Complaint

A third-party complaint is a pleading in which a defendant brings a new party into a lawsuit, claiming that the new party is responsible for some or all of what the defendant may owe the plaintiff. The new party is called the third-party defendant.

Origin

This procedure, known as impleader, is allowed by Rule 14 of the Federal Rules of Civil Procedure and by similar state rules. It lets related claims be decided in one case instead of in a later separate lawsuit.

Significance in Asbestos Context

In asbestos cases, a defendant may use a third-party complaint to bring in another manufacturer, a contractor, a supplier, or sometimes the plaintiff's employer. Claims against employers are often limited because workers' compensation is usually the employer's exclusive remedy, though some states allow contribution or indemnity claims in certain circumstances. Bringing in a third party can add time to a case, add another lawyer at depositions, and change how fault is argued at trial. In states that let juries allocate fault to non-parties or bankrupt companies, defendants may not need a third-party complaint to point at others. The plaintiff does not choose third-party defendants, but in some states may then assert claims against them directly.

Example Sentence

The boiler manufacturer filed a third-party complaint against the installation company that had wrapped its boilers with asbestos insulation.

Related Terms

Cross-Claim, Defendant, Complaint, Exclusive Remedy, Nonparty Fault, Joint and Several Liability

Notes

• A new party joining the case can push back the schedule; ask your lawyer how it affects the trial date.
• Your lawyer may decide to assert claims directly against a third-party defendant if state law allows.