Also known as: Fed. R. Civ. P. 13 · Federal Rule of Civil Procedure 13 · Rule 13 · counterclaim · crossclaim
Written by attorneys · grounded in primary & secondary sources — see below
A federal procedural rule that authorizes and in some instances requires a defending party to assert claims against an opposing party within the same action.
Harborview Property Management LLC sued Orion Tech Corp. in state court on a lease claim. Orion answered and filed a counterclaim alleging federal fair housing violations then removed the case. The federal court remanded because the plaintiff's complaint alone determines federal question jurisdiction.
Flagship Logistics sued Freeman Engineering in federal court for $90,000 on a contract. Freeman asserted a counterclaim for setoff. The jury awarded Flagship only $40,000. The court denied costs to Flagship and imposed costs on it because the recovery fell below the jurisdictional amount.
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Francisco Frost sued Fabian Flynn in federal court over a shared business deal. Flynn later filed a separate state action on related facts. The court dismissed Flynn's second suit because the claim was a compulsory counterclaim that had to be raised in the first action.
Ferrum Metals sued Fairfield Bank in an equitable accounting action. The bank asserted a legal counterclaim for damages. The court granted a jury trial on the counterclaim because it presented issues that would have been tried to a jury if brought independently.
Felicity French sued Farid Farahani in state court on a contract. Farahani removed after filing a federal-question counterclaim. The federal court remanded because the counterclaim could not supply arising-under jurisdiction.
Frank Fisher sued Francesca Fiore and lost on a patent issue. Fiore later sued Fisher on the same patent. The court applied issue preclusion because the earlier action had resolved the validity question through a counterclaim.
No. Federal question jurisdiction depends solely on the plaintiff's well-pleaded complaint. A counterclaim raising federal issues cannot supply arising-under jurisdiction or support removal.
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The amount is computed without regard to any setoff or counterclaim. A plaintiff who recovers less than the jurisdictional threshold may be denied costs or ordered to pay costs.
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A counterclaim is compulsory if it arises out of the same transaction or occurrence as the plaintiff's claim. Failure to assert it in the pending action bars a later independent suit.
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Yes. The court may allow a party to file a supplemental pleading asserting a counterclaim that matured or was acquired after the earlier pleading was served.
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…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…