Timeline for Counter suing in the same lawsuit?
Current License: CC BY-SA 4.0
8 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Jan 13, 2023 at 21:49 | comment | added | Iñaki Viggers | @ohwilleke "viewing any question arising out of the same contract as a common question of law and fact (e.g. the validity of the contract)." That approach would be improper because in the OP's scenario neither party disputes the validity of the contract. In fact, each party's claim of breach of contract implies their acknowledgment of the validity of that contract. Instead, they only dispute that they breached it. Having available the recourse of consolidation sua sponte, it is evasive for a court to devise an unnecessary question with which to contravene the principle stated in Devlin. | |
| Jan 13, 2023 at 20:51 | comment | added | ohwilleke | @IñakiViggers Many courts would do so anyway, viewing any question arising out of the same contract as a common question of law and fact (e.g. the validity of the contract). Res judicata bars further litigation if there is a final judgment in a case in which a matter was or could have been litigated. So, whichever comes to judgment first could bar litigation of the issues in the other. | |
| Jan 13, 2023 at 20:48 | comment | added | Iñaki Viggers | @ohwilleke "Usually, a claim not brought as a counterclaim is waived entirely." Courts that do so contravene a principle of equity. Devlin v. Transportation Communications Intern., 175 F.3d 121, 130 (1999) reflects that courts should ponder "both equity and judicial economy" when deciding whether to consolidate cases ("efficiency cannot be permitted to prevail at the expense of justice"). In the OP's scenario, the matter does not even "involv[e] a common question of law or fact", Id, but a different provision of the contract. | |
| Jan 13, 2023 at 17:54 | comment | added | ohwilleke | "In fact, filing a separate suit is most likely to get consolidated with the court proceedings that party A initiated via his complaint." This would be lenient. Usually, a claim not brought as a counterclaim is waived entirely. | |
| Jan 13, 2023 at 17:20 | vote | accept | S.O.S | ||
| Jan 13, 2023 at 12:26 | comment | added | Iñaki Viggers | @S.O.S "if they don't counter sue and just raise it as a defense". Raising it as defense or mitigating factor would be futile because, as you mention, B's argument pertains to "a different provision of the contract" rather than to the provision on which A's claim is premised. | |
| Jan 13, 2023 at 4:57 | comment | added | S.O.S | Party B should countersue. Does this mean that if they don't counter sue and just raise it as a defense as to why they don't owe the full $10,000, the judge will ignore the argument (even if it has merit)? | |
| Jan 13, 2023 at 1:29 | history | answered | Iñaki Viggers | CC BY-SA 4.0 |