Also known as: demands in reconvention · reconventional demand · reconventional demands · counterclaim
Written by attorneys · grounded in primary & secondary sources — see below
A plea by which a defendant asserts any claim that it has against the plaintiff. The device permits the defendant to seek affirmative relief in the same proceeding rather than initiating a separate action.
Ridge Eco sued Prime Sustainability in federal court alleging copyright infringement. Prime answered and filed a demand in reconvention asserting interference with a federally funded project. The court dismissed the demand in reconvention for lack of arising-under jurisdiction because only the plaintiff's well-pleaded complaint controls the federal-question analysis.
Delta Dynamics sued Dillon Energy in federal court seeking $60,000. Dillon Energy answered and filed a demand in reconvention for $40,000. After trial Delta recovered only $50,000. The court denied costs to Delta and imposed costs on it because the final recovery fell below the jurisdictional threshold when the demand in reconvention was disregarded.
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Northern Pipeline sued Marathon Pipe Line in bankruptcy court for breach of contract. Marathon answered and filed a demand in reconvention asserting a state-law tort claim. The Supreme Court held that the bankruptcy court lacked authority to adjudicate the demand in reconvention because it was a non-core proceeding requiring an Article III judge.
Nanakuli sued Shell Oil for breach of a long-term supply contract. Shell answered and filed a demand in reconvention seeking damages for Nanakuli's alleged failure to accept minimum quantities. The court permitted the demand in reconvention because the parties' course of performance supported Shell's interpretation of the quantity obligations.
Henningsen sued Bloomfield Motors after suffering injury in a new car. Bloomfield answered and filed a demand in reconvention for the unpaid purchase price. The court rejected the demand in reconvention because the warranty disclaimer was unconscionable and unenforceable under state law.
Blonder-Tongue sued University of Illinois Foundation for patent infringement. The Foundation answered and filed a demand in reconvention seeking a declaratory judgment of invalidity. The court held that a prior judgment of invalidity in another case precluded relitigation of the demand in reconvention under principles of collateral estoppel.
A demand in reconvention is the civil-law equivalent of a counterclaim. It allows a defendant to assert any claim against the plaintiff in the same action, whether or not it arises from the same transaction.
No. Federal-question jurisdiction is determined solely by the plaintiff's well-pleaded complaint. A demand in reconvention raising federal issues cannot confer arising-under jurisdiction on the federal court.
No. The amount in controversy is computed without regard to any setoff or counterclaim. A demand in reconvention is disregarded when determining whether the plaintiff has met the jurisdictional threshold.
A court may allow a party to file a supplemental pleading asserting a demand in reconvention that matured or was acquired after the party served an earlier pleading.
…this Court in actions arising out of its franchise agreements." Id. , at 138. Rudzewicz and MacShara then filed an answer and a counterclaim seeking damages for alleged violations by Burger King of Michigan's Franchise Investment Law, Mich. Comp. Laws § 445.1501 et seq. (1979). After a 3-day bench trial, the court again…