Nichols v. Illinois

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• denying impleader of indemnity and contribution claims because these claims were not derivative of the original complaint and were not available causes of action to the third-party plaintiff under federal securities laws
• clarifying “a third-party 18 || claim may be asserted only when the third party's liability is in some way dependent on the 19 || outcome of the main claim and is secondary or derivative thereto”
• court did not err in dismissing third-party complaint where “there was no derivative nor secondary liability involved” in complaint
• first quoting 19 Wright and Miller, 6 Fed. Prac. & Proc. § 1446 at 257 (1971 ed.), then citing 3 J. Moore, 20 Federal Practice, paragraphs 14.04-14.15
• “The crucial characteristic of a Rule 14 6 claim is that defendant is attempting to transfer to the third-party defendant the liability 7 asserted against him by the original plaintiff.”
• “Thus, a third-party claim may be asserted only when the third party’s liability is in some way dependent on the outcome of the main claim and is secondary or derivative thereto.”

Source: CourtListener parenthetical corpus (CC0).