counterclaim claim (Texas) · Go Syfert
← Texas issues

counterclaim claim in Texas

14 Texas opinions name it 1 courts 1992–2025 2 in the last five years

The cases below were cited by Texas 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 (6)

CaseFollowedCited
BHP Petroleum Co., Inc. v. Millardgreen
tex · 1991 · cited in 5 Texas opinions naming this issue, 1994–2015
2 sentences

2015A counterclaim states a claim for affirmative relief if it alleges that the defendant has a cause of action independent of the plaintiff’s claim, on which the defendant could recover benefits, compensation, or relief, even if the plaintiff were to abandon or fail to establish his cause of action. 13 BHP Petroleum Co. v. Millard, 800 S.W.2d 838 (Tex. 1990).

2011See Millard, 800 S.W.2d at 841 .

25
in the Interest of O. R. M., Jr., M. M. and O. M., Childrengreen
texapp · 2018 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025In re E.O., 595 S.W.3d 858 , 865 (Tex. App.—El Paso 2020, no pet.) (citing In re O.R.M., 559 S.W.3d 738, 741 (Tex. App.—El Paso 2018, no pet.)).

11
Alden v. Mainegreen
scotus · 1999 · cited in 1 Texas opinions naming this issue, 2025–2025
2 sentences

2025See id. at 375 (“The United States In sum, of the three cases on which Reata grounded its Supreme Court has also recognized that suits for money analysis, the first did not even involve a counterclaim for damages against states ‘may threaten the financial integrity of the States' and that ‘at the time of the founding, many money, see Anderson, 62 S.W.2d at 110 , the second dealt of the States could have been forced into insolvency but primarily with sovereign immunity barring a counterclaim for their immunity from private suits for money damages.’ for money in the tax context, see Humble Oil,

2025See id. at 375 (“The United States In sum, of the three cases on which Reata grounded its Supreme Court has also recognized that suits for money analysis, the first did not even involve a counterclaim for damages against states ‘may threaten the financial integrity of the States' and that ‘at the time of the founding, many money, see Anderson, 62 S.W.2d at 110 , the second dealt of the States could have been forced into insolvency but primarily with sovereign immunity barring a counterclaim for their immunity from private suits for money damages.’ for money in the tax context, see Humble Oil,

11
Anderson v. State ex rel. Allredgreen
texcommnapp · 1933 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See id. at 375 (“The United States In sum, of the three cases on which Reata grounded its Supreme Court has also recognized that suits for money analysis, the first did not even involve a counterclaim for damages against states ‘may threaten the financial integrity of the States' and that ‘at the time of the founding, many money, see Anderson, 62 S.W.2d at 110 , the second dealt of the States could have been forced into insolvency but primarily with sovereign immunity barring a counterclaim for their immunity from private suits for money damages.’ for money in the tax context, see Humble Oil,

11
Kinnear v. Texas Commission on Human Rights Ex Rel. Halegreen
tex · 2000 · cited in 1 Texas opinions naming this issue, 2025–2025
2 sentences

2025See id. at 375 (“The United States In sum, of the three cases on which Reata grounded its Supreme Court has also recognized that suits for money analysis, the first did not even involve a counterclaim for damages against states ‘may threaten the financial integrity of the States' and that ‘at the time of the founding, many money, see Anderson, 62 S.W.2d at 110 , the second dealt of the States could have been forced into insolvency but primarily with sovereign immunity barring a counterclaim for their immunity from private suits for money damages.’ for money in the tax context, see Humble Oil,

2025Our purpose state in response to a failed enforcement action that did not in using the broader phrase was benign: avoiding repetition. even involve an offset, see Kinnear, 14 S.W.3d at 300 .

11
Texas Department of Transportation v. Sefzikgreen
tex · 2011 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Thus, it argues, that counterclaim is barred because the UDJA does not waive sovereign immunity for a claim seeking “statutory interpretation.” See Texas Dep’t of Transp. v. Sefzik, 355 S.W.3d 618, 622 (Tex. 2011).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Rio Valley, LLC v. City of El Paso, El Paso Central Appraisal District and Appraisal Review Board of El Paso County, Texas green
texapp · 2014
2 sentences

2017Rio Valley, LLC v. City of El Paso , 441 S.W.3d 482 , 487-88 (Tex.App.-El Paso 2014, no pet.).

2017Id. at 485 ; see also F-Star Socorro, L.P. v. El Paso Cent.

12017–2017
Sanders v. Blockbuster, Inc. green
texapp · 2004
1 sentence

2015It has instructed that in determining whether a transaction Sanders v. Blockbuster, Inc., 127 S.W.3d at 386 . is within the purview of the rule, weight should be given to “such considerations as whether the facts are related [8] With regard to the Burris Tracks, both parties asserted in time, space, origin, or motivation, whether they form claims involving them in the Fort Worth case.

12015–2015
Marshall v. Marshall (In Re Marshall) green
cacd · 2001
1 sentence

2015Id. at 863 (citing exception to compulsory counterclaim rule that a party is not required to bring a counterclaim if that claim is the subject of a pending action elsewhere).

12015–2015
Cherokee Water Co. v. Forderhause green
tex · 1987
1 sentence

2012Appellants do not cite, however, where they raised this counterclaim or defense below, and our review has not revealed any 11 Sellers’s alleged representations also encompassed the deed of trust and note which preexisted, and were incorporated into, the Extension and Modification. 12 In Cherokee Water, the court explained that there could be no mutual mistake where the document in question was drafted before any alleged agreement occurred because the mistake must be in the drafting of the agreement. 741 S.W.2d at 381 .

12012–2012
Howell v. Mauzy green
texapp · 1994
1 sentence

2009Howell, 899 S.W.2d at 706 .

12009–2009
Star-Tel, Inc. v. Nacogdoches Telecommunications, Inc. green
texapp · 1988
1 sentence

1992Waiver Alternatively, Angelo, relying on Star-Tel, Inc. v. Nacogdoches Telecommunications, Inc., 755 S.W.2d 146 (Tex.App.—Houston [1st Dist.] 1988, no writ), argues that SMN waived any complaint relating to the lack of statutory notice under the DTPA.

11992–1992

Where else courts name it

NY 39 (1892–2025) AL 21 (1983–2025) IL 20 (1943–2025) OH 18 (1883–2026) TX 14 (1992–2025) MO 11 (1926–2001) NC 10 (1976–2014) OR 7 (1902–2020) GA 7 (1969–2019) FL 7 (1958–2013) CT 6 (1994–2003) PA 6 (1975–2024) CA 6 (1959–2016) UT 5 (1991–2025) IA 5 (1891–2018) ND 5 (1954–2022) DC 4 (1983–2016) WI 4 (1894–2023) MA 4 (2016–2024) NJ 4 (1984–1997) IN 4 (1897–2018) DE 3 (2014–2019) WY 3 (1976–2020) KS 3 (1983–2010) MD 3 (1990–2012) MN 3 (1926–2011) ID 3 (1972–2007) AK 3 (1971–2017) TN 2 (1981–2001) SD 2 (1905–1985) MI 2 (1933–2007) CO 2 (1983–1994) HI 2 (1974–2004)

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.

← Caselaw search · G Cite Topics · Brief Check