Counterclaims - Civil Procedure - Lecture Slides, Slides of Civil procedure

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counterclaims

13(a) Compulsory Counterclaim. (1) In General. A pleading must state as a counterclaim any claim that — at the time of its service — the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and (B) does not require adding another party over whom the court cannot acquire jurisdiction. (2) Exceptions. The pleader need not state the claim if: (A) when the action was commenced, the claim was the subject of another pending action; or (B) the opposing party sued on its claim by attachment or other process that did not establish personal jurisdiction over the pleader on that claim, and the pleader does not assert any counterclaim under this rule.

Officer X knows that he is likely to be sued under federal civil rights law by Y, someone he arrested. He feels that a state court would be more favorable to him than a federal court. How might X use the compulsory counterclaim rule (assuming it applies in state court) to ensure a state court forum for Y’s federal civil rights action?

P sues D in federal court

• D makes pre-answer motion to dismiss for failure to state a claim
• D is granted motion
• Subsequently D sues P in federal court on cause of action that concerns same T/O as P’s earlier claim against D
• P asserts defense that D is precluded from bringing action because it was a compulsory counterclaim in the earlier suit?
• Barred?

“The words ‘transaction’ and ‘occurrence’ probably mean, whatever may be done by one person which affects another's rights and out of which a cause of action may arise.”

(b) Permissive Counterclaim. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.

• P (NY) sues D (Cal) for $45,000 in N.Y. state court.
• D brings a permissive counterclaim for breach of an unrelated contract for $45,000.
• May P remove? May D remove?

P (NY) sues D (Cal) in federal court in Cal concerning a battery that the two got into in NY. D counterclaims concerning the damages that D sustained from P in the brawl. P brings a motion to dismiss the counterclaim for lack of PJ. What result?

Assume that P sues D for battery in fed ct. D answers, asserting defense of insuff. service and joins a counterclaim for his own damages in the brawl. P argues that D has waived defense of insuff. service by counterclaiming. Result?

12(b): "No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion"

(c) Relation Back of Amendments. (1) When an Amendment Relates Back. An amendment to a pleading relates back to the date of the original pleading when: (A) the law that provides the applicable statute of limitations allows relation back; (B) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out — or attempted to be set out — in the original pleading; or…

joinder rules

No to 1 and 2 forbidden

Example: P sues D1 for breach of contract P joins an action against D2 for an unrelated battery