Questions Compulsory and Permissive Counterclaims
1) Think about the relationship between the compulsory counterclaim
rule and the doctrine of claim preclusion (to the extent you can, since
you haven't gotten much on claim preclusion at this point). If there
no compulsory counterclaim rule, would compulsory counterclaims still
barred by claim preclusion?
2) P, X and D get into a brawl. P sues D for battery.
May D counterclaim against P for breach of an unrelated contract?
May D bring a counterclaim against P for D's damages in the brawl?
Must D join X to his counterclaim against P?
5) Why is Rule 13(b) so broad? Doesn't that mean that lots of irrelevancies could be brought up in a counterclaim?
6) What is the understanding of the "transaction or occurence" test
for a compulsory counterclaim offered in the Williams v. Robinson case?
Is it right? What would you recommend in its place? In answering this
question try to figure out why certain counterclaims are made
What's the advantage of this rule?
8) Officer X (NY) knows that he is
likely to be sued under federal civil rights law by Y (NY). He feels
that a New York state court would be more favorable to him
than a federal court. How might X use the compulsory counterclaim rule
(assuming it applies in NY state court) to ensure a NY state court
Y’s federal civil rights action?
9) Assume that D (Cal.) has contracted to buy a $45,000 car from P (NY). D has paid no deposit. D finds that the car is defective and refuses to pay. P sues D for the $45,000 in N.Y. state court. D brings a permissive counterclaim for breach of an unrelated contract for $45,000. May P remove to federal court? May D remove to federal court? Could D remove if his permissive counterclaim were for $80,000?
that D (Cal.) has put
$40,000 down to buy a $80,000 car from P (NY). D finds that the car is
defective and refuses to pay the remaining $40,000. D also wants P to
take the car and give D his deposit back. P sues D for the remaining
$40,000 in N.Y. state court (which we can assume has a compulsory
counterclaim rule). D brings his compulsory counterclaim for $40,000.
May P remove to federal court? May D remove to federal court? Could D
remove if the deposit was
$76,000 and P was suing for the remaining $4000?
11) Can a plaintiff bring a motion to dismiss a
compulsory counterclaim on PJ grounds? On venue grounds? What about if
it is a permissive counterclaim and there would be no PJ over the
plaintiff if the counterclaim were a free-standing lawsuit?
12) Assume that P sues D for battery in fed ct. D
answers, asserting defense of insuff. service and joins a counterclaim
for his own damages in the brawl. P argues that D has waived defense of
insuff service by counterclaiming. Result? Is this questions answered
by FRCP 12(b): "No defense or objection is waived by joining it with
one or more other defenses or objections in a responsive pleading or in