which cannot appropriately be heard as part of the
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.
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.
For the lender, a counterclaim
can either mark the start of a lengthy litigation process or a brief headache.
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