Definitions
American Heritage® Dictionary of the English Language, Fourth Edition
- n. A claim filed in opposition to another claim, especially in a legal action.
- v. To plead an opposing claim or make an opposing claim against.
Century Dictionary and Cyclopedia
- n. A claim in the nature of a cross-action set up by the defendant against the plaintiff in a lawsuit. The term is sometimes used to include set-off and recoupment, and sometimes only those cross-claims which can be made the subject of an affirmative award in favor of the defendant.
- In law, to set up an affirmative defense; make a counter-claim (which see).
Wiktionary
- n. law a suit filed by a defendant against a plaintiff secondary to the original complaint.
- v. intransitive To file a counterclaim.
GNU Webster's 1913
- n. (Law) A claim made by a person as an offset to a claim made on him.
WordNet 3.0
- v. set up a claim in opposition to a previous claim
- n. a claim filed in opposition to another claim in a legal action
Examples
“This changes the dynamic of litigation, even if the chance of success of a counterclaim is low.”
“The best counterclaim is that … while purporting to do these things … it fails at almost everyone.”
Smart Mobs » Blog Archive » Smartmobby responses to Blackboard patent
“In the Hymn to Hermes we find for the first time the expression δίκην διδόναι καὶ δέχεσθαι to describe the claim and counterclaim which is to be submitted to adjudication, and which is, in this case, to be weighed on Zeus '“scales of dikē” (312, 324).”
“The counterclaim also alleges Mr. Jacobs endangered the company's relationships with the Macau and China governments by commissioning an investigative report on Macau public officials without seeking approval from the board of Sands China or from Adelson.”
The Wall Street Journal: Wynn Isn't Worried About Regulators Despite Sands Probe
“In addition to denying the allegations, Las Vegas Sands filed a counterclaim last month accusing Mr. Jacobs of extortion.”
The Wall Street Journal: Wynn Isn't Worried About Regulators Despite Sands Probe
“Yes, I know that they claimed that the state law tort counterclaim by Anna Nicole Smith was a non-core matter, but they lost that issue in the Bankruptcy Court.”
The Volokh Conspiracy » San Francisco Program on Anna Nicole Smith Case:
“In particular, he does an excellent job at getting at the underlying nature of the claims – noting that the issue raised by Pierce Marshall was to determine the dischargeability of his defamation claim, to which Smith raised her counterclaim.”
The Volokh Conspiracy » Ninth Circuit Decision in Marshall v. Stern (formerly Marshall v. Marshall):
“Just a random thought — assume that the Federal Government sues Arizona to enjoin it from enforcing the new Arizona law — Could Arizona assert a counterclaim against the Federal Government to recover the Billions which Arizona is being forced to spend on things like indigent medical care for illegal immigrants, public education of children of illegal immigrants, and extra lw enforcement costs attributable to crimes committed by illegal immigrants?”
The Volokh Conspiracy » Feds May Sue Arizona Over Immigration
“DjDiverDan: Just a random thought — assume that the Federal Government sues Arizona to enjoin it from enforcing the new Arizona law — Could Arizona assert a counterclaim against the Federal Government to recover the Billions which Arizona is being forced to spend on things like indigent medical care for illegal immigrants, public education of children of illegal immigrants, and extra lw enforcement costs attributable to crimes committed by illegal immigrants?”
The Volokh Conspiracy » Feds May Sue Arizona Over Immigration
“If Plaintiff has a valid claim and Defendant has a valid counterclaim, then simultaneously both and neither of the litigants is “holding losing hands.””
Lists
These user-created lists contain the word ‘counterclaim’.
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JURI - patent law
admissible, entry, allowable, fact, lapse, term, title, notes, abstract, absolute grounds ..., acquisition of th..., action for revoca... and 338 more...
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JURI - courtroom speak
Legal glossary with special focus on courtroom vocabulary
accused, acquittal, ADA, adjournment, adjudication, affidavit, affirmed, aggravated range, aggravating factors, allegation, alleged, answer and 794 more...
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Panvocalics
Panvocalics are words that contain all the vowels. Listed here are "euvocalics": words that have each of the five vowels only once. (These are also a kind of supervocalic.) Words that also have a "...
subcontinental, unoriental, ultraviolet, tourmaline, sequoia, jacqueminot, milquetoast, xenosaurid, thunderation, adenovirus, accoutering, absolutive and 2777 more...
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