Counterclaims

Counterclaims in the United States

Introduction to Counterclaims (State statute topic)

The purpose of Counterclaims is to provide a broad appreciation of the Counterclaims legal topic. Select from the list of U.S. legal topics for information (other than Counterclaims).

Counterclaims (Adversary Proceedings)

This section introduces, discusses and describes the basics of counterclaims. Then, cross references and a brief overview about Adversary Proceedings is provided. Finally, the subject of Proceedings in relation with counterclaims is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Counterclaims (Adversary Proceedings)

This section introduces, discusses and describes the basics of counterclaims. Then, cross references and a brief overview about Adversary Proceedings is provided. Finally, the subject of Practice in relation with counterclaims is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Counterclaims (Pleadings)

This section introduces, discusses and describes the basics of counterclaims. Then, cross references and a brief overview about Pleadings is provided. Finally, the subject of Civil Procedure in relation with counterclaims is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

Further Reading

In the Foreign Sovereign Immunities Act of 1976

Immunity Exceptions

According to research about Counterclaims from the Federal Judicial Center: Title 28 U.S.C. § 1607 provides that a foreign state shall not be accorded immunity with respect to any counterclaim (a) for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or (b) arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or (c) to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.186 With respect to counterclaims arising out of the transaction or occurrence that is the subject matter of the affirmative claim, the relevant test is the same as that for compulsory counterclaims under Federal Rule of Civil Procedure 13(a).

Resources

See Also

Popular Topics related with Counterclaims

  • Arbitration Immunity
  • Foreign Sovereign Immunities Act Instrumentality
  • Foreign Sovereign Immunity
  • Immunities Clause
  • Immunities of International Organizations
  • Immunity Means
  • Immunity Specialized Agencies

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