Friedman v. Hartmann
United States District Court for the Southern District of New York
787 F. Supp. 411 (S.D.N.Y. 1992)
Investors led by Friedman (plaintiffs) sued Hartmann and other developers (defendants) for fraud, breach of contract, and RICO violations after investing $600,000 in a Connecticut property deal, alleging the defendants concealed a secret $1 million broker's commission agreement. The defendants impleaded their own attorney and law firm (third-party defendants) under Federal Rule of Civil Procedure 14(a), claiming a right to contribution and indemnification because the attorneys' malpractice -- advising that disclosure of the commission wasn't required -- caused the defendants to harm the plaintiffs, and also asserted independent malpractice and breach-of-contract claims; the third-party defendants moved to dismiss.
Whether a defendant may implead a third party under Rule 14(a) to seek contribution or indemnification when no such right exists under the underlying claims asserted against the defendant.