Search results
Results From The WOW.Com Content Network
A crossclaim is a claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim according to Black's Law Dictionary. A crossclaim is filed against someone who is a co-defendant or co-plaintiff to the party who originates the crossclaim.
Permissive counterclaims comprise "any claim that is not compulsory." [2] Such claims may be brought, but no rights are waived if they are not. Courts rarely give permissive counterclaims the necessary supplemental jurisdiction to be brought. [citation needed] A claim is a compulsory counterclaim if, at the time of serving the pleading,
The Claims Board may not issue injunctions but can order a party to cease infringement if the parties agree. [27] The process is voluntary; once a claim is filed, respondents have a sixty day period to opt-out. [7] [28] If the respondent does not opt out, the Claims Board will make a final determination and assessment of damages, if any.
Counter-claims and cross claims do not require personal service because no new parties are being added to the lawsuit. In some state court systems, a contribution claim must be opened as a new case, and thus the defendant must pay for a filing fee, docket number, or index number. In other states, however, no additional fee is required.
The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13(a), and may assert any counterclaim under Rule 13(b) or any cross-claim under Rule 13(g). Rule 14(a)(4): Any party may move to strike the third-party claim, to sever it, or to try it separately.
In law, set-off or netting is a legal technique applied between persons or businesses with mutual rights and liabilities, replacing gross positions with net positions. [1] [2] It permits the rights to be used to discharge the liabilities where cross claims exist between a plaintiff and a respondent, the result being that the gross claims of mutual debt produce a single net claim. [3]
There have been recent claims [40] that the DMCA-embedded concepts of direct financial benefit, interference with standard technical measures, and the legislative red flag test for identifying infringing material are significantly challenged by the explosion of user-generated content unleashed by Web 2.0 technologies.
An answer to a counterclaim designated as a counterclaim; An answer to a crossclaim; A third-party complaint; An answer to a third-party complaint; and; If the court orders one, a reply to an answer. Any other document that requests a court order is referred to as a motion.