Plaintiff’s Ability to Bring Direct Action Against Third Party

USCS Fed Rules Civ Proc R 14 provides that the plaintiff may assert any claim directly against the third-party defendant either by amendment or by a new pleading s/he may have against him/her arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff.  The third-party defendant is entitled to assert the defenses, counterclaims and cross-claims provided in Fed. R. Civ. P. 12 and 13.[i]

[i] International Tools (1973), Ltd. v. Arctic Enterprises, Inc., 75 F.R.D. 70 ( E.D. Mich. 1977)


Inside Plaintiff’s Ability to Bring Direct Action Against Third Party