Counterclaim in United States
Counterclaim Definition
See Set-Off.
Counterclaim in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Counterclaim | Counterclaim in the World Legal Encyclopedia. |
| Counterclaim | Counterclaim in the European Legal Encyclopedia. |
| Counterclaim | Counterclaim in the Asian Legal Encyclopedia. |
| Counterclaim | Counterclaim in the UK Legal Encyclopedia. |
| Counterclaim | Counterclaim in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Counterclaim
Scan Counterclaim in the appropriate area of law:
| Link | Description |
|---|---|
| Counterclaim | Counterclaim in the Family Law Portal of the American Encyclopedia of Law. |
| Counterclaim | Counterclaim in the IP Portal of the American Encyclopedia of Law. |
| Counterclaim | Counterclaim in the Commercial Law Portal of the American Encyclopedia of Law. |
| Counterclaim | Counterclaim in the Criminal Law Portal of the American Encyclopedia of Law. |
| Counterclaim | Counterclaim in the Antritrust Portal of the American Encyclopedia of Law. |
| Counterclaim | Counterclaim in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Counterclaim | Counterclaim in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Counterclaim | Counterclaim in the Tax Law Portal of the American Encyclopedia of Law. |
| Counterclaim | Counterclaim in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Counterclaim | Counterclaim in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Counterclaim | Counterclaim in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Counterclaim | Counterclaim in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Counterclaim in the Dictionaries | Counterclaim in our legal dictionaries |
| http://lawi.us/counterclaim | The URI of Counterclaim (more about URIs) |
| Counterclaim related entries | Find related entries of Counterclaim |
Legal Issue for Attorneys
See Set-Off.
More Resources
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Notice
This definition of Counterclaim Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Plain-English Law
Counterclaim as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
A defendant’s court papers that claim that the plaintiff not the defendant committed legal wrongs, and the defendant is entitled to money damages or other relief. In some states, a counterclaim is called a cross-complaint.
Practical Information
Note: Some of this information was last updated in 1982
A cause of action (in U.S. law) is set up by a defendant (in U.S. law), to be tried at the same time as an original cause of action alleged by a plaintiff. The defendant takes advantage of the suit against him to ask the court for relief against the plaintiff, when otherwise he or she would be compelled to institute an action of his own. For example, the maker of a note might claim that the payee is indebted to him or her for certain sums in connection with a matter not related to the note.
What is Counterclaim?
For a meaning of it, read Counterclaim in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Counterclaim.
Meaning of Counterclaim
In plain or simple terms, Counterclaim means: A claim presented by a defendant in a civil proceeding in opposition to the claim of a plaintiff.
Resources
See Also
Set-off.
Further Reading (Articles)
The Case Against Counterclaim Class Actions., Mondaq Business Briefing; May 14, 2012; Walker, Michael
New Jersey Court Analyzes Counterclaim Waiver Provision in Commercial Loan Documents.(Case overview), Mondaq Business Briefing; March 1, 2011
Lenders at Risk: 3 Tips to Reduce Borrower Counterclaims, American Agent & Broker; November 1, 2013; Horton, Mark C.
Counterclaim filing not found to constitute intentional infliction of emotional distress, American Agent & Broker; January 1, 2003; Renau, Donald I
Quia Timet Counterclaim Allowed in the Context of an Action for a Declaration of Non-Infringement., Mondaq Business Briefing; September 29, 2010
The Court Of Federal Claims’ Railway Logistics International Decision Limits Seventh Amendment Right Of Government Contractors To Jury Trial To Contest Fraud-Based Counterclaims., Mondaq Business Briefing; February 7, 2012; Ogden, David W. O’Connor, Jennifer M. Cedarbaum, Jonathan G. Nichols, Carl J. Smith, Joe D. Petkoff, Gregory Adams, Natalie Hirt Weiss, Carla J.
One-Year Time Limit for IPR’s Includes Counterclaims, Mondaq Business Briefing; December 3, 2013; Hawkins, Charles
U.S. Supreme Court Rules That Generic Pharmaceutical Companies Can Counterclaim To Correct Use Codes In FDA Orange Book When Sued By Brand Companies.(Case overview), Mondaq Business Briefing; April 24, 2012
Shotgun Counterclaims: Additional source of coverage helps in prosecuting patent infringement suits., Mondaq Business Briefing; January 30, 2006
In Light of Nobelpharma AB V. Implant Innovations, Inc., Should Walker Process Claims Be Treated as Compulsory or Permissive Counterclaims to Patent Infringement Litigation, The Review of Litigation; January 1, 2003; McLeroy, Luke
JUDGE DISMISSES COUNTERCLAIM, Wyoming Tribune-Eagle (Cheyenne, WY); May 5, 2002; Becky Orr
Counterclaims for Declaratory Judgment for Non-Infringement and Invalidity Dismissed as Duplicative of Infringement Complaint and Failure to Plead Any Facts Describing How the Patent Was Invalid, Mondaq Business Briefing; May 22, 2013
Is A Patent Counterclaim Enough for Appeal to the Federal Circuit? It Depends, Mondaq Business Briefing; November 5, 2013; Singh, Sarika
Counterclaim Triggers One-Year Bar for Filing IPR Petition, Mondaq Business Briefing; January 6, 2014; Bhattacharyya, Arpita
For A Suit Filed Pre-AIA, A Counterclaim Related to Patent Law Does Not Confer Federal Question Jurisdiction, Mondaq Business Briefing; November 4, 2013; Dittmar, Amanda
Ritchie Capital Files Answer and Counterclaim Against Polaroid, Calling Allegations ‘Baseless, Irresponsible, and Malicious’., Science Letter; March 24, 2009
COUNTERCLAIM FILED AGAINST MEHRING; Police chief’s attorneys file claim against detective for alleged malicious prosecution, The Spokesman-Review (Spokane, WA); October 14, 2011; Kevin Graman
JUDGE UPHOLDS ALL BUT ONE OF WARNACO COUNTERCLAIMS; RULING CLEARS THE WAY FOR
TRIAL BETWEEN TWO COMPANIES., Daily News Record; October 11, 2000; YOUNG, VICKI M.
Supreme Court: Bankruptcy Courts Cannot Decide Debtors’ State Law Counterclaims.(Case overview), Mondaq Business Briefing; July 6, 2011; Walsh, Kevin
Legal controvery sparks new charges, counterclaims, St. Joseph News-Press; February 23, 2001; MARSHALL WHITE
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