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Recoupment Breach of Contract

Farrell Fritz, P.C.

The Doctrine of Equitable Recoupment Is A Litigation Shield – Not A Sword

Farrell Fritz, P.C. on

The doctrine of equitable recoupment, which is codified in CPLR 203(d) permits a defendant to assert an otherwise untimely defense or counterclaim. The Appellate Division, First Department recently applied the doctrine in...more

Morris James LLP

Delaware Supreme Court Explains Setoff And Recoupment

Morris James LLP on

This decision explains the difference between a defendant’s right of setoff and recoupment. The key difference is that the right of setoff arises out of an independent transaction, while recoupment must be based on the same...more

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