Third-Party Complaint (Impleader) - Litigation Document Drafting Specification

You are tasked with drafting a comprehensive Third-Party Complaint, also known as an impleader pleading, pursuant to Federal Rule of Civil Procedure 14 or applicable state court rules. This document allows a defendant to bring a new party into existing litigation when that party may be liable to the defendant for all or part of the plaintiff's claims against the defendant. The third-party complaint must establish a derivative liability relationship, such as indemnification, contribution, subrogation, or breach of warranty.

Document Structure and Required Components

Begin with a complete caption that identifies the court, case number, original plaintiff, the defendant who is now acting as third-party plaintiff, and the newly impleaded third-party defendant. Ensure the caption clearly designates the dual role of the defendant as "Defendant and Third-Party Plaintiff" to avoid confusion about party status.

Draft an introduction that clearly states the defendant's intent to bring the third-party complaint and identifies all parties by their proper designations. This introduction should immediately establish that the defendant seeks to transfer or share liability with the third-party defendant based on the claims asserted in the original complaint.

Procedural Posture and Jurisdictional Foundation

Provide a concise procedural history that summarizes the original plaintiff's complaint, including the nature of claims, the legal theories asserted, and the relief sought against the defendant. Reference that the original complaint is attached as Exhibit A and incorporated by reference. Establish the court's jurisdiction over the third-party defendant, addressing personal jurisdiction, subject matter jurisdiction, and venue as applicable. If the third-party claim is based on diversity jurisdiction, confirm that complete diversity exists and the amount in controversy is satisfied.

Factual Allegations Supporting Third-Party Liability

Develop detailed factual allegations that establish the legal and factual basis for the third-party defendant's liability to the defendant. These allegations must demonstrate a derivative relationship to the original plaintiff's claims. Present the facts chronologically and logically, explaining:

The relationship between the defendant and third-party defendant, including any contractual agreements, business relationships, or other legal connections that form the basis for potential liability. Detail any indemnification agreements, insurance policies, warranties, or other instruments that may obligate the third-party defendant to protect, defend, or reimburse the defendant.

The specific acts, omissions, or conduct of the third-party defendant that allegedly caused or contributed to the plaintiff's injuries or damages. Explain how the third-party defendant's actions or failures created the circumstances that led to the plaintiff's claims against the defendant.

Any notice provided to the third-party defendant regarding the underlying dispute, including demands for defense or indemnification, and the third-party defendant's response or failure to respond. Include dates, methods of communication, and specific language from correspondence when relevant.

The causal connection between the third-party defendant's conduct and the defendant's potential liability to the plaintiff. Articulate why the third-party defendant should bear all or part of any judgment entered against the defendant in favor of the plaintiff.

Legal Claims and Causes of Action

Structure the legal claims as separate, numbered counts, each addressing a distinct legal theory of recovery. For each count, incorporate by reference the relevant factual allegations and state the essential elements of the cause of action. Common claims in third-party complaints include:

Contractual indemnification based on express indemnification provisions in agreements between the defendant and third-party defendant. Quote relevant contract language and explain how the plaintiff's claims fall within the scope of the indemnification obligation.

Common law indemnification where the defendant's liability is purely derivative or vicarious, and the third-party defendant is the primary wrongdoer whose conduct actually caused the plaintiff's harm.

Contribution claims where both the defendant and third-party defendant may share fault for the plaintiff's injuries, seeking apportionment of liability according to comparative fault principles.

Breach of contract or warranty claims where the third-party defendant's failure to perform contractual obligations or breach of warranties led to the defendant's exposure to the plaintiff's claims.

Subrogation claims where the defendant has already compensated the plaintiff and seeks recovery from the third-party defendant who bears ultimate responsibility.

For each count, clearly state the legal standard, identify the applicable law, and explain how the facts satisfy each element of the claim. Conclude each count with a statement that the defendant is entitled to judgment against the third-party defendant.

Prayer for Relief

Draft a comprehensive prayer for relief that requests judgment against the third-party defendant for all sums that may be adjudged against the defendant in favor of the plaintiff in the underlying action. Include requests for:

Full indemnification or contribution for any damages, including compensatory and punitive damages, that the plaintiff may recover against the defendant. Specify that this includes any amounts paid in settlement or judgment.

Reimbursement of all costs of defense, including reasonable attorney's fees and litigation expenses incurred in defending against the plaintiff's claims, if supported by contract or applicable law.

Declaratory relief establishing the third-party defendant's obligation to defend and indemnify the defendant in the underlying action.

Pre-judgment and post-judgment interest at the applicable legal rate from the date of any payment by the defendant to the plaintiff.

Costs of suit and attorney's fees incurred in prosecuting the third-party complaint, if recoverable under contract or statute.

Any other relief the court deems just and proper under the circumstances.

Compliance and Professional Standards

Ensure the third-party complaint complies with all applicable procedural rules, including timing requirements for filing without leave of court or obtaining court permission if the deadline has passed. Verify that service of the third-party complaint on the third-party defendant follows proper procedures, including service of the original complaint and all prior pleadings.

Confirm that all factual allegations are supported by reasonable inquiry and have evidentiary support or are likely to have evidentiary support after further investigation. Ensure all legal claims are warranted by existing law or a good faith argument for modification of existing law.

Draft the document in clear, professional legal language appropriate for the jurisdiction, using proper citation format for any legal authorities referenced. Maintain consistency in party designations throughout the document and ensure all cross-references are accurate.

The completed third-party complaint should be a self-contained pleading that clearly articulates why the third-party defendant should be liable to the defendant for the plaintiff's claims, supported by specific facts and viable legal theories that will survive a motion to dismiss.