Counterclaims. No – Ain’t So Answer (Denial) P D Pay Me No – So WhatNo – Yes But Complaint Answer (Affirmative Defenses)

Slides:

Advertisements

Similar presentations

Pre-Answer Motions. 12(b)(1) Subject Matter Jurisdiction Should have been in state rather than federal court 12(b)(2) Personal Jurisdiction This court.

Advertisements

Thurs. Nov. 8. counterclaims 13(a) Compulsory Counterclaim. (1) In General. A pleading must state as a counterclaim any claim that — at the time of its.

Refutation China Debate Education Network:. Definition of Refutation Refutation involves one debater directly responding to an argument of an opposing.

Chapter 3 Court Procedures Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. Jentz Miller Cross BUSINESS.

Courts and Alternative Dispute Resolution

Sobolski-Counterclaims1 What is a counterclaim? It is a counterlawsuit - defendant* suing plaintiff* – filed in response to the plantiff’s lawsuit.

Litigation and Alternatives for Settling Civil Disputes CHAPTER FIVE.

CIVIL PROCEDURE – LA 310. FEDERAL AND STATE COURT SYSTEMS.

CIVIL PROCEDURE CLASS 11 Professor Fischer Columbus School of Law The Catholic University of America Sept. 20, 2002.

American Tort Law Carolyn McAllaster Clinical Professor of Law Duke University School of Law.

King v. RLDS – Relationships Who’s involved and what are their positions RLDS Owner Tri-Cote Prime Contractor King Sub Contractor.

Joinder of Parties Permissive Joinder. What Question Does Rule 20 Answer P1 D1 Can I add P2-3 (or D2-3) if I want to? P2 P3 D2 D3 Can I stop P1 from adding.

1 Agenda for 12th Class Admin – Name plates – Slide handouts – Court visits A-E. M 10/20. Starting at 10AM – Please clear your calendar 9AM-2PM F-J. M.

APPLYING THE CHARTER.   What would society be like if we were allowed to do and say anything we like?  Irony– there are mechanisms in place to ensure.

1 Agenda for 22nd Class Admin – Handouts – Name plates Review of fee shifting Intro to 2 nd half of class Joinder Intro to class actions Midsemester feedback.

Tuesday, Nov. 13. necessary parties Rule 19. Required Joinder of Parties (a) Persons Required to Be Joined if Feasible. (1) Required Party. A person.

Judgment on Appeal The Court prepares, not the party.

CIVIL PROCEDURE CLASS 12 Professor Fischer Columbus School of Law The Catholic University of America October 2, 2001.

Tuesday, Aug. 26. Civil Procedure Law 102 Section 1.

CIVIL PROCEDURE CLASS 17 Professor Fischer Columbus School of Law The Catholic University of America September 30, 2005.

Court Procedures Chapter 3.

The American Court System Chapter 3. Why Study Law And Court System? Manager Needs Understanding Managers Involved In Court Cases As Party As Witness.

Tues. Oct. 29. venue in federal court Sec Venue generally (b) Venue in general.--A civil action may be brought in-- (1) a judicial district.

Wed., Oct. 15. venue in federal court Sec Venue generally (b) Venue in general.--A civil action may be brought in-- (1) a judicial district.

Chapter Twelve Civil Procedure Before Trial. Introduction to Law, 4 th Edition Hames and Ekern © 2010 Pearson Higher Education, Upper Saddle River, NJ.

CIVIL PROCEDURE CLASS 16 Professor Fischer Columbus School of Law The Catholic University of America October 2, 2002.

Wed, Aug ) Brief description of subject matter of course a) why does Civ Pro seem to hard? b) three main themes in course c) quick overview of a.

Civil Procedure 2005 Class 28: Subject Matter Jurisdiction: Aggregation and Supplemental Jurisdiction Oct. 31, 2005 HAPPY HALLOWEEN!!

© COPYRIGHT DICKSTEIN SHAPIRO LLP. ALL RIGHTS RESERVED. Post Grant Proceedings Before the USPTO and Litigation Strategies Under the AIA Panelists:David.

Mon. Nov ) are people already adversaries? NO 2) does the cause of action concern the same t/o of an action already being litigated? NO forbidden.

Justice Miers? §This morning at 8 a.m., President Bush announced he was nominating White House Counsel Harriet Miers to the United States Supreme Court.

Thurs. Nov. 1. waiver of defenses FRCP 12(g) Joining Motions. (1) Right to Join. A motion under this rule may be joined with any other motion allowed.

Adv.Pat.Sem rjmWeek 041 Agenda – Week 4- 9/27/05 Con. Law: 11 th Amendment. State Sovereign Immunity Con. Law: 7 th Amendment. Trial by Jury. Federal.

Tues., Oct. 29. consolidation separate trials counterclaims.

Civil Procedure 2003 Class 30: Subject Matter Jurisdiction: Aggregation and Supplemental Jurisdiction Nov

BEYOND IRREPARABLE INJURY - Balancing the Equities (aka Undue Hardship to the Defendant) Even if P can show irreparable injury a court may still deny an.

CIVIL PROCEDURE CLASS 7 Professor Fischer Columbus School of Law The Catholic University of America Sept. 13, 2001.

Civil Procedure 2005 Class 31: Subject Matter Jurisdiction: Supplemental Jurisdiction II, Removal Nov. 2, 2005.

CIVIL PROCEDURE CLASS 18 Professor Fischer Columbus School of Law The Catholic University of America October 8, 2003.

CIVIL PROCEDURE CLASS 17 Professor Fischer Columbus School of Law The Catholic University of America October 4, 2002.

1 Agenda for 35th Class Review –Supp J –Res Judicata Collateral Estoppel Review Class –2011 exam –Questions you bring Other exams to look at –2000 multiple.

Private Law Litigants: the parties involved in a civil action Plaintiff: the party initiating a legal action Defendant: the party being sued in a civil.

CIVIL PROCEDURE CLASS 14 Professor Fischer Columbus School of Law The Catholic University of America Sept. 27, 2002.

CIVIL PROCEDURE CLASS 16 Professor Fischer Columbus School of Law The Catholic University of America Sept. 28, 2005.

COMPLAINTS & ANSWERS Consistency in Pleading Complaints Pleading “in the alternative” permitted Alternative theories of recovery Answers Deny + Affirmative.

1 Agenda for 34th Class Class Action Review Introduction to Res Judicata Supplemental J problems Assignment for next class– Res Judicata –US Constitution.

First 10 Amendments to the United States Constitution.

CIVIL PROCEDURE SECTION F CLASS 13 Professor Fischer Columbus School of Law The Catholic University of America Sept. 26, 2003.

1 Agenda for 14th Class Admin – Handouts – Name plates – A Civil Action screening Tomorrow 7:30PM WCC 2004 – Court visit Tuesday, November 19 Roughly 1:30-4PM,

CIVIL PROCEDURE CLASS 10 Professor Fischer Columbus School of Law The Catholic University of America Sept. 18, 2002.

CIVIL PROCEDURE FALL 2003 CLASS 3 (8/29/03) STAGES AND ESSENTIAL CONCEPTS OF A CIVIL ACTION Columbus School of Law The Catholic University of America Professor.

Rohan Samarajiva Dhulikhel, July 2017

Chapter Twelve Civil Procedure Before Trial

INTRODUCTION TO THE COURT SYSTEM

PRE-SUIT CONSIDERATIONS

Tues., Oct. 22.

Thurs., Oct. 12.

Agenda for 6th Class Misc. Name plates out Slide handout Amendment

Monday, Aug. 26.

CIVIL PROCEDURE ESSAY SERIES ESSAY QUESTION #4 MODEL ANSWER

Tues., Oct. 28.

CALIFORNIA CIVIL LITIGATION INTRODUCTION TO PLEADINGS

Introduction to GAP Associate Program

Agenda for 6th Class Misc. Name plates out Slide handout Relation Back

Rohan Samarajiva Pokhara, February 2019

Presentation transcript:

Counterclaims

No – Ain’t So Answer (Denial) P D Pay Me No – So WhatNo – Yes But Complaint Answer (Affirmative Defenses)

P D Pay Me No – Ain’t So Pay Me No – So WhatNo – Yes ButNo – Ain’t So No – So What No – Yes But Reply Counterclaim

P Crossclaim D2 D1 Pay Me

9/7410/7412/74 U Meetings D denies P’s LMRDA free speech rights. P’s Press Conference P announces filing complaint and say U is Mafia dominated. Wigglesworth Time Line

What’s the Normal Effect of Failing to File a Compulsory Counterclaim? D will not be able to raise the claim in a subsequent separate lawsuit. Use it or lose it!

When Will a Court Ordinarily Decide Whether a CC is Compulsory or Permissive? When the original P raises it as a defense in the 2 nd case. When It’s Too Late for the Original D to Fix the Problem!

Why Does the Issue Arise in the First Case in Wigglesworth?

What Tests Are Discussed by the Court Logical Relationship Same Evidence Are these the same? Which Does the Court Apply? Which Should It Apply?

Meta-Rules Text of Rule Prior Cases Best Result Purpose “Legislative” History Canons

Text of the Rule: What’s the Relevant Language? If it arises out of the Transaction or Occurrence That is the subject matter of the opposing party’s claim Does Text Answer the Question?

Prior Cases: What are the relevant cases? United Artists Moore Both Logical Relationship Bose Same Evidence So????

Best Result for Society: What are the relevant cases? How are you going to tell? What do you need to know about the rule to decide?

Purpose of the Rule: What function does the rule serve? By definition, every rule restricts somebody’s options Whose options does this rule restrict? What does it prevent D from doing? Why might a D not want to file its claim as a counterclaim? Dislikes physical location Dislikes court Wants other tactical advantages Why might P want to force D to file its claim as a CC? Converse of D reasons Save time & expense What would an impartial court or rulemaker consider? Save time & expense Respect D autonomy Which standard best fits the purpose?

Places You’ll See (Some Version of) the Same Transaction Test Compulsory CC (Rule 13) Crossclaims (Rule 13(g)) Permissive Joinder of Parties (Rule 20) Relation Back (Amendments) (Rule 15 (c)) Supplemental Jurisdiction (28 USC 1367)