Impleader of Nonadmiralty Claim

Even though Fed. R. Civ. P. 14(c) permits impleading of third parties in admiralty actions, it does not confer jurisdiction.  In such cases, questions of pendent or ancillary jurisdiction may arise.  Fed. R. Civ. P. 82 expressly negates the extension of jurisdiction by the rules.[i]

In the sense of judicial power, pendent jurisdiction exists whenever there is a claim arising under the Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority, U.S. Const. art. III, § 2.  The relationship between that claim and the state claim permits the conclusion that the entire action before the court comprises one constitutional case.[ii]

[i] Bernard v. U. S. Lines, Inc., 475 F.2d 1134 (4th Cir. N.C. 1973)

[ii] United Mine Workers v. Gibbs, 383 U.S. 715 (U.S. 1966)


Inside Impleader of Nonadmiralty Claim