Chapter 8

MULTI-PARTY AND MULTI-CLAIM LITIGATION

ChapterScope This Chapter examines various devices that either enlarge the number of claims between the existing parties to a litigation, or bring new parties into the litigation. Again, the emphasis is on the devices available under the Federal Rules. The most important concepts in this Chapter are:

• Counterclaims: A “counterclaim” is a claim by a defendant against a plaintiff. The Federal Rules provide for both “permissive” and “compulsory” counterclaims. FRCP 13.
  • Compulsory counterclaim: If D's counterclaim arises out of the same transaction or occurrence as P's claim, it is a “compulsory” counterclaim. If D does not assert her compulsory counterclaim, she will lose that claim in any future litigation.
  • Permissive: Any claim that does not arise out of the same transaction or occurrence as P's claim is a “permissive” counterclaim. D does not lose her counterclaim in future litigation if she declines to assert it in the first suit.

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