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Related to counterclaims: countersuit


A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant.

A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action. It is governed by many of the same rules that regulate the claims made by a plaintiff except that it is a part of the answer that the defendant produces in response to the plaintiff's complaint. In general a counterclaim must contain facts sufficient to support the granting of relief to the defendant if the facts are proved to be true. These facts may refer to the same event that gave rise to the plaintiff's Cause of Action or they may refer to an entirely different claim that the defendant has against the plaintiff. Where there is more than one party on a side, a counterclaim may be made by any defendant against any plaintiff or plaintiffs.

According to the rules governing federal Civil Procedure, a defendant usually is required to make a counterclaim in an answer if the counterclaim arises from the same transaction or occurrence on which the plaintiff is suing. This is called a compulsory counterclaim because the claim must be made in response to the plaintiff's complaint and cannot be made later or in a separate lawsuit. There are also permissive counterclaims that may be made in the defendant's answer at a later time. A claim against the plaintiff that is based on an entirely different event is one kind of Permissive Counterclaim. For example, a man may sue a woman for money damages because of a minor injury and some property damage after their cars collided. Under the rules governing Pleading in most courts, the woman would be required to assert a demand for money damages for the same accident in her answer to the man's complaint or she would lose the right to sue on that claim. If the man also happens to be a neighbor who borrowed the woman's chain saw and never returned it, the woman could demand return of the saw as a counterclaim or she could wait and sue the man for that at some other time. She might decide to wait in order to sue in a different court or because she does not want to argue the different circumstances of both claims before the same jury.

A defendant usually cannot make a counter-claim if it is not possible to make the same claim by starting a lawsuit. For example, a lawsuit to collect on a claim cannot be started after the period of time allowed by a Statute of Limitations has run out. In certain situations, however, a defendant may assert an expired cause of action as a counterclaim. This procedure, allowed for reasons of fairness and justice, is called equitable recoupment. The court may reduce the plaintiff's money damages up to the amount of the defendant's counterclaim, but the defendant will not be allowed an affirmative recovery of money over and above the amount to which the plaintiff may be entitled.




n. a retaliatory claim by a defendant against a plaintiff in a lawsuit included in the defendant's answer and intending to off-set and/or reduce the amount of the plaintiff's original claim against the defendant. For example, Hotdog Products sues Barbecue Bill's Eatery for $40,000 for meat delivered to Bill's but not paid for, and Bill counterclaims that Hotdog owes him $20,000 for a load of bad chicken livers, so Hotdog is only entitled to $20,000. In many states the counterclaim is no longer allowed, in which case a cross-complaint, which is a separate complaint, must be filed by the defendant, but as part of the same lawsuit. On the other hand, in federal cases, if the defendant believes he/she/it has a legitimate counterclaim to reduce damages it must be alleged (stated) in the answer or it is barred from being considered. (See: answer, cross-complaint)


noun action to defeat plaintiff's deeand, assertion against the plaintiff, cause against an oppossng party, cause of action in favor of defendants, claim addanced by defendant, claim for relief by defendant, claim presented by defendant, counteraction, counterapplication, countercharge, counterdeclaration, countermotion, counterpetition, counterproposal, counterreclamation, countersuit, cross-action, cross-bill, opposing suit, rejoinder, set-off
Associated concepts: compulsory counterclaim, cross-demand, equitable counnerclaim, permissive counterclaim, set-off, sham counterrlaim
See also: answer, claim, counterargument, rebut, reply, respond, retort


a cross-claim brought by a defendant in civil proceedings that is not a defence to the claim made by the plaintiff but that asserts an independent cause of action against him. In Scotland, it is available to a defender. See SET-OFF.
References in periodicals archive ?
Here, a defendant can insert new or additional counterclaims in its response to an amended complaint only if the amended complaint changes the theory or scope of the case, as the new counterclaims "respond" to a substantively new complaint.
To help prevent unnecessary foreclosure complications or counterclaims, agents and brokers can help their lender clients by providing the following best practice tips:
5, (37) which indicated legislative disapproval of tolling for affirmative compulsory counterclaims, to bar Mansheim's compulsory counterclaim because it was served after the statute of limitations had expired.
26) Adding to the confusion of pendent and ancillary jurisdiction was whether permissive counterclaims, under Federal Rule of Civil Procedure 13(b), came in under the court's supplemental jurisdiction.
AT&T attempted to remove the case to federal court, but the 4th Circuit affirmed 2-to-1 the district court's decision that counterclaim class action defendants can't remove cases--even if, like AT&T, they weren't originally a direct party in the case.
1995), the insured and its counsel think so, arguing that an insured's dismissal of a counterclaim as part of a settlement is legally sufficient to be considered damages under the terms of a third-party liability policy.
In its motion SCO stated: "IBM's four patent counterclaim are as separable from one another as they are from the rest of the claims and issues in this lawsuit" and argued: "to assist in juror comprehension and reduce both prejudice and delay, IBM's four patent counterclaims should be tried separately and should proceed on a separate discovery schedule.
held assumption that tenant counterclaims are permissive, some courts
Additionally, the counterclaims question the company's labor and employment practices.
Hahalis, a commercial non-payment proceeding, the tenant asserted counterclaims alleging that the elevator in the subject premises functioned improperly (and indeed at times not at all), preventing respondent from carrying on his business.
Litigation is by nature uncertain and can produce negative results, including one or more successful counterclaims by the defendants.
We believe this ruling supports our non-infringement and invalidity positions and counterclaims in this case and we look forward to obtaining favorable results to that effect," said Jay Flatley, Illumina's CEO.