Under Rule 13(a) of the Federal Rules of Civil Procedure (FRCP), entitled "Compulsory Counterclaim," the defendant must plead a counterclaim that arises out of the same "transaction or occurrence" as ...
Ronald Rotunda (Chapman University) has posted Stern v. Marshall, and the Power of Bankrupcty Courts to Issue Final Orders On All Compulsory Counterclaims to SSRN. Article III of the Constitution ...
Where a counterclaim is based on chicanery by the opposing party’s employees, who were not involved with the facts of the original claim, the counterclaim is not compulsory. At the new trial, on ...
THE Supreme Court (SC) has reversed the ruling issued by the Court of Appeals (CA) reviving the over P1 billion compulsory counterclaim that television giant ABS-CBN Broadcasting Corporation sought ...
In his New York Practice column, Patrick M. Connors writes that a plaintiff might elect to sue in a federal court hoping to compel the defendant to interpose as a counterclaim any claim arising out of ...