AllTech Communications, LLC v. Brothers

Citation. 601 F. Supp. 2d 1255 (N.D. Okla. 2008)

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Citation601 F. Supp. 2d 1255 (N.D. Okla. 2008)

Brief Fact Summary.

Brothers sought to implead the Langholzes for breaching of contract and unjustly enriching themselves while being employed as officers for AllTech.

Synopsis of Rule of Law.

Under FRCP 14(a), a defendant cannot implead a third party that is not a part of the main claims against the defendant.

Points of Law - Legal Principles in this Case for Law Students.

This means that a counterclaim or cross-claim may not be directed solely against persons who are not already parties to the original action, but must involve at least one existing party.

View Full Point of Law

AllTech sued Brothers for the misappropriation of information that Brothers had while they were the COO of AllTech. Brothers sought to implead the Langholzes, three officers of AllTech for breaching contract and unjustly enriching themselves. The Langholzes sought to dismiss the third party complaint.

Issue.

Whether a defendant can implead a third party that is not a part of the main claims against the defendant?

Held.

No. Brothers does not assert that the Langholzes forced them to misappropriate funds and the claims against the Langholzes are not dependent or derivative of the claims against Brothers.

Discussion.

Rule 14(a) of the FRCP allows a defendant to implead a third party that may be liable for all or part of the claims against the defendants. The defendant may file an impleader within ten days of filing an answer.