counterclaim any claim (Indiana) · Go Syfert
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counterclaim any claim in Indiana

5 Indiana opinions name it 1 courts 1986–2020 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Nelson v. Butchergreen
indctapp · 1976 · cited in 1 Indiana opinions naming this issue, 2020–2020
2 sentences

2020Court of Appeals of Indiana | Opinion 19A-PL-2962 | October 21, 2020 Page 9 of 14 Nelson v. Butcher, 170 Ind. App. 101, 112 , 352 N.E.2d 106, 114 (1976), trans. denied.

2020Court of Appeals of Indiana | Opinion 19A-PL-2962 | October 21, 2020 Page 9 of 14 Nelson v. Butcher, 170 Ind. App. 101, 112 , 352 N.E.2d 106, 114 (1976), trans. denied.

11
Hilliard v. Jacobsgreen
indctapp · 2010 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014And a compulsory counterclaim is one that “arises out of the transaction or occurrence that is the subject- matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.” Hilliard v. Jacobs, 927 N.E.2d 393, 401 (Ind. Ct. App. 2010), trans. denied (quoting T.R. 13(A)).

11
Walsman v. McCulloughgreen
indctapp · 1986 · cited in 1 Indiana opinions naming this issue, 2002–2002
1 sentence

2002See Estate of McCullough, 492 N.E.2d 1093, 1095-96 (Ind.Ct.App.1986).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Middelkamp v. Hanewich green
indctapp · 1977
2 sentences

1994In MiddelKamp v. Hanewich (1977), 173 Ind.App. 571 , 364 N.E.2d 1024 , this court wrote: "The first test for a compulsory counterclaim is whether it '[arose] out of the transaction or occurrence that is the subject-matter of the opposing party's claim. ...' The test for compulsoriness is a logical relationship test, as stated by the United States Supreme Court in a case under the former equity rule from which federal rule 18(a) was derived: '"Transaction" is a word of flexible meaning.

1994In MiddelKamp v. Hanewich (1977), 173 Ind.App. 571 , 364 N.E.2d 1024 , this court wrote: "The first test for a compulsory counterclaim is whether it '[arose] out of the transaction or occurrence that is the subject-matter of the opposing party's claim. ...' The test for compulsoriness is a logical relationship test, as stated by the United States Supreme Court in a case under the former equity rule from which federal rule 18(a) was derived: '"Transaction" is a word of flexible meaning.

11994–1994
Daube & Cord v. LaPorte County Farm Bureau Co-Operative Ass'n green
indctapp · 1983
1 sentence

1986In Daube and Cord v. LaPorte County Farm Bureau Co-op (1983), Ind.App., 454 N.E.2d 891 , our Third District discussed the conditions under which Trial Rule 18(A) bars a subsequent claim due to failure to assert it as a compulsory counterclaim in an earlier action.

11986–1986

Where else courts name it

OH 32 (1993–2024) TX 31 (1947–2026) GA 12 (1971–2025) FL 11 (1969–2017) AL 9 (1990–2023) NM 8 (1986–2013) MO 8 (1964–2008) MA 7 (1995–2014) ND 6 (1967–2020) IN 5 (1986–2020) CO 5 (1982–2025) SC 5 (2002–2023) UT 4 (1952–2024) OK 4 (2002–2026) WY 4 (1983–2020) MT 3 (1987–1998) DC 3 (1949–2021) MD 3 (1968–1987) VT 3 (2002–2013) MS 3 (1965–2017) AK 3 (1965–1994) AZ 3 (1946–1971) AR 3 (1995–2012) WA 2 (1991–2008) NC 2 (1982–2018) HI 2 (1968–1990) VA 2 (1989–1996) CA 2 (2009–2011) WI 2 (1986–1987) MN 2 (2007–2011) TN 2 (2006–2019) SD 2 (1990–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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