In Search of the Transaction or Occurrence: Counterclaims
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Authors
McFarland, Douglas D.
Issue Date
2007
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The "transaction or occurrence" is the cornerstone of joinder in the Federal Rules of Civil Procedure. A counterclaim arising out of the same transaction or occurrence as the claim is compulsory; a counterclaim not arising out of the same transaction or occurrence is permissive. A cross-claim must arise out of the transaction or occurrence of the claim or a counterclaim. A third-party defendant may assert a claim against the plaintiff that arises out of the transaction or occurrence of the claim; the plaintiff may return the favor. An amendment relates back when it arises out of the "conduct, transaction, or occurrence" of the original pleading. Permissive joinder of parties is allowed when the right to relief arises out of the same "transaction, occurrence, or series of transactions or occurrences." The importance of the "transaction or occurrence" extends far beyond the joinder devices. It is close kin to pleading a claim...
Description
Citation
40 Creighton L. Rev. 699 (2006-2007)
Publisher
Creighton University School of Law