Lehman v. Revolution Portfolio L.L.C.
United States Court of Appeals for the First Circuit
166 F.3d 389 (1st Cir. 1999)
Lehman and Roffman guaranteed a loan the Farm Street Trust took from a bank and defaulted on, and after the bank foreclosed, Lehman sued for rescission in state court, alleging the bank negligently made the loan based on Roffman's fraud. The FDIC, substituted in after the bank failed, removed the case to federal court, counterclaimed against Lehman as guarantor, and filed a third-party complaint against Roffman for indemnification and contribution; after extensive procedural history including Lehman's bankruptcy and eventual reinstatement of claims, the district court granted the FDIC summary judgment, and Roffman appealed after his motion for relief from that judgment was denied.
Whether a defendant in a federal lawsuit may assert a claim against a nonparty.