Lenders who maintain amicable relations with borrowers are less likely to see a counterclaim
arise from a foreclosure.
AT&T attempted to remove the case to federal court, but the 4th Circuit affirmed 2-to-1 the district court's decision that counterclaim
class action defendants can't remove cases--even if, like AT&T, they weren't originally a direct party in the case.
SCO has asked the court to "bifurcate" the case against IBM, separating the four patent counterclaims
, which it said are unrelated to the crux of the case: its claim that IBM breached licensing and sublicensing agreements with SCO by donating code to Linux.
does not deny the facts in our complaints," said attorney Barry Slotnick, whose firm represents Platform in the case.
The Appellate Division agreed with Justice Colabella that Duval's counterclaim
should be dismissed.
claimed Nie and Hull concealed the License Agreement from the company and others; however, the counterclaim
points out that the company has maintained the License Agreement in its files at all times since 1976, and that, in connection with their application to register the SPSS trademark in 1976, Nie and Hull delivered a copy of the License Agreement to the USPTO, where it has remained part of the public record at all times since.
On January 29, the Court dismissed Roche's tortious interference counterclaim
and disallowed Roche's request for injunctive relief.
TRC filed its Answer and Counterclaim
in the action, stating that the '337 patent is valid and asserting its infringement counterclaim
against Shanghai ELE.
Nasdaq: MOYC), to proceed with a patent infringement counterclaim
against Dentsply International, Inc.
REBNY Lease form [paragraph] 26 states that: "It is further mutually agreed that in the event Owner commences any summary proceeding for possession of the premises, Tenant will not interpose any counterclaim
of whatever nature or description in any such proceeding.
The Court dismissed the counterclaims
without prejudice to Solucorp's right to later file a counterclaim
that does not seek "specific monetary amounts of unliquidated money damages.
In any such counterclaim
the defendants may seek damages or other remedies that, if recovered or awarded, would have a material adverse effect on our business, financial condition and operating results.