Legal Articles

Permissive Counterclaims

As a plaintiff, it is a good rule of thumb to expect a defendant to file a counter-lawsuit. Strategically, defendants employ counterclaims to put a plaintiff on the defensive and create risk for the plaintiff. Substantively, a counterclaim sometimes must be asserted or else it is lost/waived. Rule 55.32(a) requires a defendant to assert, as…

Counterclaims, Countersuits

Being served with a lawsuit can be a jarring experience. The initial petition will often have big requests for these like “damages in excess of $25,000” “damages in excess of $75,000,” or even punitive damages or attorney fees. Without having any prior experience or knowledge of legal verbiage, the Petition can also be very confusing….

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