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 ...
Federal procedure requires a defendant to plead all counterclaims that arise out of the same transaction or occurrence as the plaintiff’s claim, or his claim may be barred in a later suit. Fed. R. Civ ...
“These counterclaims are permissive, not compulsory, because they do not arise from the same transaction or occurrence as Zunum’s claims.” The U.S. Court of Appeals for the Ninth Circuit yesterday ...