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In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims." Examples of counterclaims include:
Business Insider examined dozens of federal trade secrets claims filed by companies over the past decade against current and former employees who also had filed a claim against their employer.
For example, assault requires intent, so if the plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. "While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more ...
MCA contested Mattel's claims and filed a counterclaim for defamation after Mattel had likened MCA to a bank robber. [6] MCA's lawyers also cited the earlier Bild Lilli doll – a German adult novelty toy which served as the basis for the original Barbie dolls – in their defense against Mattel's claims that Aqua sexualized the doll. [7]
The claimant's defence to the counterclaim should be included in the same document ('Reply and Defence to Counterclaim') as the reply and shouldfollow on from the reply. [11] A claim for contribution or indemnity against another party is made by serving and filing a notice containing a statement of the nature and grounds of the claim.
Alternative pleading (or pleading in the alternative) is the legal term [1] [2] in the law of the United States for a form of pleading that permits a party in a court action to argue multiple possibilities that may be mutually exclusive by making use of legal fiction.
James Green is Lisa Frank’s ex-husband and former president and CEO of Lisa Frank, Inc. Green began working for Lisa Frank in 1982 as the company's first full-time artist and became Frank’s ...
Universal appealed the verdict to the United States Court of Appeals for the Second Circuit.Nintendo and Universal argued the appeals case on May 23, 1984. As evidence of consumer confusion, Universal presented the results of a telephone survey of 150 managers and owners of arcades, bowling alleys, and pizza restaurants who owned or leased Donkey Kong machines.