b.Capacity to Sue or be Sued
Capacity to sue or be sued refers to an individual'sability to represent her interests in a lawsuit without the assistance of another. Twocategories:i.Incapacity of a minor or incompetent person - as a matter of law, there arecertain classes of people that lack the capacity to sue or be sued and if thishappens, then court will assign a guardian.ii.Incapacity due to organizational status or legal relationship. When anorganization lacks the capacity to sue or be sued. If rule comes from federallaw, then an unincorporated organization can be sued.
- provides that a Df can bring in as a
party Df one claimed by the Df to beliable to him for all or part of the Pl’s claim against the Df (and it necessarily must ariseout of the same transaction or occurrence).a.The rule is not mandatory - Df may refrain from impleader and assert his claiminstead in an independent action.b.Need independent basis for jurisdiction.c.In order to satisfy 14(a), any liability of a 3
party Df must necessarily be secondaryor derivative to the liability of the original defendant.You can’t implead a 3
party just b/c he would also be liable to Pl.
i.Watergate Land Condominium Unit Owner's Association v. Wiss, Janey, Elster Associates
1.Facts : Pl hired 2 companies to do some repair in condos. Df, hired todraw specifications, and 3
part to do waterproofing. Pl sues Df but notthe waterproofers. Df tries to invoke Rule 14 to implead them.2.Analysis : Df can’t implead b/c 3
party would not be liable to Dfs if Df isultimately liable to Pl. 3
party only liable to Pl, and Pl chose not tosue them. (If Df had hired the waterproofers, then they could impleadthem.)3.Policy - Pl master of claim – can’t force them to sue someone theydidn’t chose to. So 3
party liable only to Df. Can’t add on a Df that’sliable to Pl if Pl doesn’t want it.a.Better for Pl to sue all possible Dfs and let them battle it out. Pldidn’t do that here, b/c possibly no basis for liability, and theycan’t under Rule 11 if there are no merits (sanctions harassing).Maybe no jurisdiction.d.Liability of 3
party Df – to implead only show that 3
party may be liable. Rule 14only is a procedural mechanism to get them in, but it doesn’t create liability.e.You can go on and on – a 3
party Df may also use this rule to implead another 3
part Df f.Pl using impleader:i.If there’s a claim against Pl, she may bring in a 3
party if this rule wouldallow a Df to do so.