compulsory counterclaim
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 371 U.S. 57 - Southern Construction Co. v. Pickard · 1962Most cited · 467 citing opinions
The requirement that counterclaims arising out of the same transaction or occurrence as the opposing party's claim 'shall' be stated in the pleadings was designed to prevent multiplicity of actions and to achieve resolution in a single lawsuit of all disputes arising out of common matters. The Rule was particularly directed against one who failed to assert a counterclaim in one action and then instituted a second action in which that counterclaim became the basis of the complaint.
How often courts cite the case defining “compulsory counterclaim”
Court decisions citing the opinion that defined “compulsory counterclaim” — 466 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.