The correct answer is: (A) The motion will be denied, because the businessman's claim does not assert that the teenager may be liable to the businessman on all or part of the woman's claim.
Under Federal Rule of Civil Procedure 14, a defendant is permitted to serve a third-party complaint and thus implead a person who is "not a party to the action" if that person "is or may be liable" to the defendant/third-party plaintiff "for all or part of the plaintiff's claim against the third-party plaintiff." Here, the businessman did not seek the impleader action because the teenager "is or may be liable" to the woman; he sought impleader based only upon the teenager's failure to repay a loan that the businessman made to him earlier that month. Thus, the motion will be denied, because the businessman's claim does not assert that the teenager may be liable to the businessman on all or part of the woman's claim.
(B) Incorrect. If the Court finds that the businessman may properly implead the teenager, the businessman will probably be allowed to assert any claim he has against the teenager.
Under federal law, supplemental jurisdiction will extend to all claims that are part of the same "case or controversy" unless specifically excluded by this statute. Only those claims that arise from the same transaction or occurrence are part of the same "case or controversy." Here, the businessman can only assert those claims against the teenager that arise from the same transaction or occurrence, not any claims he has against the teenager. The teenager's failure to repay a loan that the businessman made to him earlier that month did not arise from the same facts as this "case or controversy."
(C) Incorrect. The teenager cannot be made a party to the action by the businessman, because that would destroy diversity subject matter jurisdiction.
Supplemental jurisdiction applies to impleader actions; thus, there is no requirement for diversity between either the impleaded and impleading parties or the plaintiff and the impleaded party (third-party defendant).
(D) Incorrect. The motion will be granted, because it was properly filed.
Under Federal Rule of Civil Procedure 14, a defendant is permitted to serve a third-party complaint and thus implead a person who is "not a party to the action" if that person "is or may be liable" to the defendant/third-party plaintiff "for all or part of the plaintiff's claim against the third-party plaintiff." Here, the businessman did not seek the impleader action because the teenager "is or may be liable" to the woman; he sought impleader based only upon the teenager's failure to repay a loan that the businessman made to him earlier that month. Thus, the motion will be denied, because the businessman's claim does not assert that the teenager may be liable to the businessman on all or part of the woman's claim.
