Addition Of Claim By Defendant

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Addition of Claims by Defendant

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1) Great Lakes Rubber v. Herbert Cooper (1961)
2) LASA v. Southern Builders v. Aydelott
3) Rule 13
4) 1367(a)

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Counterclaims - Great Lakes Rubber v. Herbert Cooper (1961)

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1) A counter claim is compulsory if:
- it arises out of the same transaction or occurence; and
- bears a logical relationship to an opposing party

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Logical Realtionship

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1) exists where separate trials on each of their respective claims would involve substantial duplication of effort and time by the parties and the courts

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Compulsory Counterclaim

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1) have to bring this action now, or it cannot be brought ever again
2) arises out of the same transaction or occurence
3) meets Gibbs test

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Permissive Counterclaim

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1) failure to raise does not bar subsequent action
2) does not arise out of the same transaction or occurence

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Crossclaims - LASA v. Southern Builders v. Aydelott

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Logical Relations Test:
1) would involve a substantial duplication of effort;
2) invovle many of the same facts;
3) offshoots of the same basic controversy
4) convenience/economy
5) Res Judicata would bar claim being brought later

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Purpose of Rule 13(g)

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1) to permit a D to state, as a crossclaim, a claim against a co-defendant growing out of the same transaction or occurence that is the subject-matter of the original action; and
2) to permit a P, against whom a D filed a counterclaim, to state, as a crossclaim against a co-plaintiff, a claim growing out of the transaction or occurence that is the subject-matter of the counterclaim
3) does not permit a P to state, as a cross claim against a co-P, a claim arising out of the transaction or occurence which is also the subject-matter of their common complaint agaisnt the D

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Rule 13(h)

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1) used to add parties not already in the suit
2) in order to invoke, a party must be asserting a Rule 13(a), (b), or (g) claim against someone who is already a party

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1367(a)

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Expressly provides that such supplemental jurisdiction shall include claims that involve joinder or intervention of additional parties