Wednesday, August 15, 2012

Third party complaint situation in sci-fi novel

On Jun 29, 7:57 am, DarkProtoman <Protoman2...@gmail.com> wrote:
> Is it possible to have a three way lawsuit? Like A sues B for genetic
> tampering, B impleads C for the wrongful euthanization of the products
*   *   *
> all hypothetical--. Has this sort of thing --three parties suing and
> impleading and countersuing each other, not the catpeople stuff-- ever
> happened in the US?

Yes.  Given an existing lawsuit between plaintiff A and defendant B, B can bring C into the case as a "third-party defendant" to the extent B claims that C may be liable to B (on any grounds) for all or part of A''s claim against B.   But if B's claim against C is for a completely unrelated matter, B has to bring a separate suit against C so as not to muck up trial of A's case against B with irrelevant red-herring issues.

> What would the name of the case be? A vs. B vs. C?

Yes.   Or, for short, A v. B

> What would the names of the parties be?

Plaintiff A, Defendant/Third-Party Plaintiff B, and Third-Party Defendant C

> BTW, if the "genetic tampering resulting in the creation of a feline
> subspecies of homo sapiens" actually happened, would the Supreme Court
> of the United States and possibly the International Court of Justice
> get involved?

As in any case involving private parties, SCOTUS would only get involved if they chose to accept "certiorari" (discretionary appeal) when petitioned to do so by the losing party of a lower-court decision.   A's original claim against B would have to start out in a trial-level court of general jurisdiction, either a state court or (if there is some basis for asserting Federal jurisdiction) in US District Court.  In some cases involving administrative regulations  (e.g. FDA, or Dept of Agriculture) the process would have to start at the agency level, and the losing party could appeal to US Dist Ct only after exhausting all available administrative remedies.

I'm not aware of any basis on which the ICJ could claim jurisdiction.   What, human rights violations?   War crimes?  Your guess is as good as mine as you write what appears to be a science-fantasy novel.

--
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