[ Contents | Search | Post | Reply | Next | Previous | Up ]
From: Krug
Date: 06 Dec 2001
Time: 02:15:15
Would failure to plead a compulsory counterclaim (13a) in a federal diversity suit bar the pleader from later asserting the claim in state court? How about the reverse? I imagine that the federal court following its own procedure would not entertain the suit--that is if it is procedural--but I am not sure what the state court would do.
Also, while the claim is described as compulsory where does it say that it is barred from future litigation?