United States District Court for the Southern District of New York
266 F.R.D. 54 (S.D.N.Y. 2010)
Luyster (plaintiff) was the executor of the estates of two people killed in an airplane crash. Luyster sued Superior Air Parts, Inc. (Superior) and KS Gleitlager USA, Inc. (KS Gleitlager) (defendants), among other defendants, based on their design, inspection, or maintenance of the airplane that crashed. KS Gleitlager brought a third-party complaint against the United States (Government), alleging that its federal air traffic controllers failed to direct the airplane to the nearest airport. Superior then brought a cross-claim against the Government, alleging its air traffic controllers were negligent and seeking contribution from the Government in the event Superior was found liable. The Government moved to dismiss Superior’s cross-claim on the ground that the Government and Superior were not co-parties within the meaning of Rule 13(g) of the Federal Rules of Civil Procedure.
Rule of Law
Holding and Reasoning (McKenna, J.)
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