Counterclaims

News & Analysis as of

Jan. 28 At Faruqi Sex Harassment Trial: The Defense Rests.

Yesterday, Mr. Monteverde testified more about the blood-stained carpet, saying he had not noticed the stains until Ms. Marchuk told him the following Monday that she had been injured during their sexual encounter in the wee...more

Two Big Sexual Harassment Cases: Where The Employers Went Wrong

The Marchuk v. Faruqi & Faruqi trial (daily updates here) is far from over, but that case, as well as one involving CRST Van Expedited in California, provide some valuable opportunities for us to learn from other employers’...more

Insurance Recovery Law -- January 2015

Insured v. Insured Exclusion Ambiguous When Applied to FDIC, 11th Circuit Rules - Why it matters: In the continuing split among courts considering insured v. insured exclusions, the Eleventh U.S. Circuit Court...more

Withdrawal Of Part 36 Offer

In Super Group plc v Just Enough [2014] EWHC 3260 (Comm), 27 May 2014 it was held that a defendant’s Part 36 offer in respect of a claim and counterclaim could not be accepted once the defendant had withdrawn its offer....more

Court Of Appeal Reinforces Trial Judge’s “Widest Discretion” When Awarding Costs Under CPR 44

In Coward v Phaestos Ltd & ors [2014] EWCA Civ 1256, 2 October 2014, the defendants were awarded their costs, having obtained significantly more in their counterclaim than that provided for by the claimant’s rejected...more

Filing a Knee-Jerk Counterclaim Can Make a Bad Problem Worse

In today’s litigious world, it is all too common for a disgruntled former business partner to file a lawsuit based on legally weak, if not outright frivolous, claims of wrongdoing. One common reaction is to fight fire with...more

7th Circuit Provides (No) Clarity on Compulsory Counterclaims

Federal procedure requires a defendant to plead all counterclaims that arise out of the same transaction or occurrence as the plaintiff’s claim, or his claim may be barred in a later suit. Fed. R. Civ. P. 13(a). Although the...more

With Respect to Discoverability, Indiana Federal Court Distinguishes Between Pre-Suit and Post-Suit Reserves

In May, we reported on a Third Circuit decision holding that loss reserve information was generally irrelevant and not discoverable. In October, a federal court in Indiana came to the same conclusion with respect to...more

PTAB Adopts Broad View of Inherency Doctrine

Ariosa Diagnostics v. Isis Innovation Ltd. - Addressing a variety of issues in a recent inter partes review (IPR), the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) determined that...more

Indirect Patent Infringement in the US

In a recent decision in the US (Riverbed Technology, Inc. v. Silver Peak Systems, Inc.), a company was found liable for indirect patent infringement even though the infringing features of its product were disabled when the...more

District Court Reluctantly Allows Tying Claims Against Oracle to Go Forward

Last Friday, Magistrate Judge Paul S. Grewal of the Northern District of California denied a motion by Oracle to dismiss three counterclaims based on a tying theory in Oracle America, Inc. v. Terix Computer Co. In doing so,...more

Texas Court Construes Professional Liability Policy to Require Defense of Law Firm in Fee Dispute

In Shamoun & Norman, LLP v. Ironshore Indemnity, Inc., Cause No. 3:14-1340, In the U.S. District Court, Northern District of Texas, the federal district court construed a professional liability policy issued by Ironshore to...more

District Court Evaluates Express Warranty of "Airworthiness" - Texas Court Determines That "Airworthy" Is an Unambiguous Term That...

In Luig v. North Bay Enterprises, Inc., a Texas District Court recently considered a seller's obligation to deliver an "airworthy" aircraft in the context of an aircraft purchase agreement that also contained an "as is"...more

Rossi v. Photoglou - California Court of Appeals, 4th Appellate Div., September 29, 2014

Rossi v. Photoglou - California Court of Appeals, 4th Appellate Div., September 29, 2014: California appellate court reverses summary judgment in favor of Real Housewife of Orange County Gretchen Rossi against "friend"...more

Sham-Wow! Antitrust Liability May Attach to Sham Administrative Petitions

Addressing whether the “sham” exception to Noerr-Pennington immunity is limited to sham litigation in courts, the U.S. Court of Appeals for the Federal Circuit vacated a lower court’s summary judgment of no antitrust...more

Court Denies Declaratory Judgment Defendant's Request to Re-Align Parties as Realignment Would Frustrate the Purpose of the...

Plaintiffs filed the declaratory judgment complaint in this patent case after receiving a letter from defendants alleging that Plaintiffs' products infringe two of defendants' patents. Plaintiffs sough declaratory judgment...more

Court Allows Counterclaim Against Whistleblower for Breach of Employment Agreement

A federal court in New Jersey has permitted a defendant in a False Claims case to defend itself on the grounds that the whistleblower/ex-employees breached their employment agreements by using and disclosing confidential...more

Pontone v. Milso Indus. Corp. et al., C.A. No. 8842-VCP (Del. Ch. Aug. 22, 2014) (Parsons, V.C.)

In this opinion, the Court of Chancery granted in part and denied in part defendants’ motion to dismiss a plaintiff’s claim for mandatory advancement of legal fees and expenses incurred in an underlying litigation between the...more

New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed

Last week, a New Jersey federal court allowed medical device maker Boston Scientific Neuromodulation Corp. (“Boston Scientific”) to proceed with counterclaims against two of its former employees for violating their contracts...more

Indemnification And The Circle Of Litigation

An employee sues his employer for, among other things, violations of the California Labor Code. The quondam employer responds with a counterclaim against its erstwhile employee claiming that to the extent it is liable, the...more

Court Lets Debt-Collector Amend Answer and Assert Counterclaim for Plaintiff’s Debt

In a TCPA class action case concerning debt collection calls, the Southern District of California recently granted a debt-collector defendant’s motion to file an amended answer and assert a counterclaim for breach of contract...more

Employers Fight Back Against Whistleblowers

In 2013, the federal government recovered $3.8 billion from settlements and judgments under the False Claims Act (FCA). Whistleblowers—also called “relators”—can recover up to 30 percent of whatever a defendant pays in a...more

The GPMemorandum, Issue 181

In this Issue: Missouri District Court Awards Attorneys' Fees And Costs In Termination Case: In Dunkin' Donuts Franchising LLC v. Sai Food (ST Hospitality, LLC, 2014 U.S. Dist. LEXIS 67512 (E.D. Mo. May 16,...more

ENI Holdings, LLC v. KBR Group Holdings, LLC, C.A. No. 8075-VCG (Del. Ch. Nov. 27, 2013) (Glasscock, V.C.)

In this opinion granting in part and denying in part a motion to dismiss counterclaims, the Court of Chancery held that the parties to a stock purchase agreement (“SPA”) had contractually agreed to shorten to one year the...more

Defendants' Oppose Myriad's Motions to Dismiss Antitrust Counterclaims

In responding to Myriad Genetics' complaint for patent infringement, both Ambry Genetics and Gene-by-Gene asserted counterclaims under the Sherman Antitrust Act, predicated on Myriad's filing its patent infringement lawsuit. ...more

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