counterclaim


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counterclaim

Etymology: L, contra, against, clamere, to cry out
(in law) a claim made by a defendant establishing a cause for action in his or her favor against a plaintiff. The purpose of a counterclaim is to oppose or detract from a plaintiff's claim or complaint.
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counterclaim which cannot appropriately be heard as part of the
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.
The Appellate Division agreed with Justice Colabella that Duval's counterclaim should be dismissed.
Consequently, while the rule dictates that a plaintiff must normally obtain leave of court to amend its complaint and outlines the time in which the defendant's response must be filed, it does not say whether the defendant must obtain leave of court when asserting new or amended counterclaims to the plaintiff's amended complaint.
The counterclaim is in response to Hilton socking Antebi with a 1 million- dollar plus lawsuit last month alleging she was unlawfully squeezed out of royalties after the firm allegedly failed to honor its licensing agreement.
DoJ responded to Buckingham's counterclaim by saying the company has conceded "that the only potential basis for subject-matter jurisdiction over its counterclaim is the equitable doctrine of recoupment.
However, for any number of reasons, those in authority may not want to file a counterclaim against a given physician for any number of reasons.
13) The court affirmed summary judgment, holding that Mansheim's compulsory counterclaim was time-barred and did not benefit from the relation-back doctrine.
9) Verizon subsequently filed a compulsory counterclaim for breach of contract and sought recovery of access charges Verizon claimed it was owed under the 2002 ICA.
Any defendant' seems broad enough to cover a counterclaim defendant," says Dan Himmelfarb, a partner at Mayer Brown.
The mill couldn't buy enough logs to last it through the winter, the counterclaim said.