Civil Procedure – Feb. 13. Amendments. Rule 14 review. Rule 14 (impleader) looks to substantive law or actual contractual documents to see if party not already in the claim is or may be liable to the defendant for all or part of the plaintiff’s claim against the existing defendant. .
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In Anderson v. W.R. Grace et al, there was an original complaint, a first amended complaint and a second amended complaint. At the time of trial, the defendants seek to litigate an issue that was raised in the original complaint but was not raised in the second amended complaint. May they do that?