Joinder and Supplemental Jurisdiction - Counterclaims Under the Federal Rules

Question 1

Counterclaim

Answer 1

A claim for relief by the defending party against the party that sued it.

Question 2

Rule 13(a)(1)

Compulsory Counterclaims

Answer 2

A pleading must include a counterclaim that the pleader has against the opposing party if the claim

• arises out of the same transaction or occurrence that is the subject matter of the opposing party’s claim and
• doesn’t require adding another party that the court cannot have jurisdiction over

Question 3

Rule 13(a)(2)

Exceptions to Compulsory Counterclaims

Answer 3

A counterclaim that would usually be compulsory doesn’t have to be asserted if

• it’s the subject of another pending action or
• if jurisdiction of the main claim is based on attachment and doesn’t otherwise establish personal jurisdiction.

Question 4

Rule 13(b)

Permissive Counterclaims

Answer 4

If a counterclaim isn’t compulsory, it still may be brought as a permissive counterclaim.

Question 5

King v. Blanton

Waiver Doctrine

Answer 5

If a party fails to assert a compulsory counterclaim, she waives her right to do so if she was aware of the claim and had the opportunity to file it before the parties reached a settlement.

Question 6

Supplemental Jurisdiction for Compulsory Counterclaims

Answer 6

A compulsory counterclaim will meet the supplemental jurisdiction test.

Question 7

Tests to Determine Whether Claims Arise From the Same Transaction or Occurrence

Answer 7

Are the issues of fact and law raised in the claim and counterclaim largely the same?

Would res judicata bar a subsequent suit on the party’s counterclaim, absent the compulsory counterclaim rule?

Will substantially the same evidence support or refute the claim as well as the counterclaim?

Is there a logical relationship between the claim and the counterclaim?

These tests are not conclusive in and of themselves.