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 number of counterclaims
being filed, the liability banks face, and the need for a strong defense all underscore the need for appropriate insurance coverage.
10) The court had previously determined that permissive counterclaims
did not benefit from the relation-back doctrine, (11) but a determination on compulsory counterclaims
had not been made.
10) After finding that the district court had jurisdiction to enforce the ICA, the court next found that jurisdiction was proper over the first count of Verizon's counterclaims
based on supplemental jurisdiction.
As written in CAFA, "any defendant" includes defendants only--not counterclaim
defendants too, according to the 7th Circuit's March 24 decision in First Bank v.
In high stakes litigation, it has become routine for the defendant to file counterclaims
seeking some recovery against the plaintiff, often in the form of money damages.
Removing the patent counterclaims
could also reduce the complexity of the case, according to Lindon, Utah-based SCO's motion and supporting memorandum, reducing the chances of a jury being swayed by any potential strong showing by IBM with regard to its patents.
To do this, however, the judge must amend Silverstein's counterclaim
in the Swiss Re action.
In response to the Complaint filed by Solucorp, the defendants, Hurley and Blake filed counterclaims
against Solucorp in October 2008, concerning the Company's proprietary technologies.
Status of Summary Process Counterclaims
Prior to Adoption
The guild also seeks to expand its counterclaims
to include other companies besides CleanFlicks that also edit or alter films for commerce including Clean Cut Cinemas; Family Safe Media; EditMyMovies; Family Flix, USA LLC; and Play It Clean Video.
in which the lower court held for the tenant on four counterclaims
, and awarded attorneys' fees to the tenant.
Continental Management Refuses to Translate Shareholder Counterclaims
In particular, there are a couple of recent cases expressly relying upon the no-offsets clause as a basis for granting summary judgment to a landlord on a claim for rent, notwithstanding the tenant's defenses and counterclaims
asserting alleged breaches of the lease by a landlord.
NYSE: AD) today announced that it has filed an answer and counterclaims
in response to the complaint filed last week by Valassis Communications, Inc.