9/7410/7412/74 U Meetings D denies P’s LMRDA free speech rights. P’s Press Conference P announces filing complaint and say U is Mafia dominated. Wigglesworth Time Line
What’s the Normal Effect of Failing to File a Compulsory Counterclaim? D will not be able to raise the claim in a subsequent separate lawsuit. Use it or lose it!
When Will a Court Ordinarily Decide Whether a CC is Compulsory or Permissive? When the original P raises it as a defense in the 2 nd case. When It’s Too Late for the Original D to Fix the Problem!
Why Does the Issue Arise in the First Case in Wigglesworth?
What Tests Are Discussed by the Court Logical Relationship Same Evidence Are these the same? Which Does the Court Apply? Which Should It Apply?
Meta-Rules Text of Rule Prior Cases Best Result Purpose “Legislative” History Canons
Text of the Rule: What’s the Relevant Language? If it arises out of the Transaction or Occurrence That is the subject matter of the opposing party’s claim Does Text Answer the Question?
Prior Cases: What are the relevant cases? United Artists Moore Both Logical Relationship Bose Same Evidence So????
Best Result for Society: What are the relevant cases? How are you going to tell? What do you need to know about the rule to decide?
Purpose of the Rule: What function does the rule serve? By definition, every rule restricts somebody’s options Whose options does this rule restrict? What does it prevent D from doing? Why might a D not want to file its claim as a counterclaim? Dislikes physical location Dislikes court Wants other tactical advantages Why might P want to force D to file its claim as a CC? Converse of D reasons Save time & expense What would an impartial court or rulemaker consider? Save time & expense Respect D autonomy Which standard best fits the purpose?
Places You’ll See (Some Version of) the Same Transaction Test Compulsory CC (Rule 13) Crossclaims (Rule 13(g)) Permissive Joinder of Parties (Rule 20) Relation Back (Amendments) (Rule 15 (c)) Supplemental Jurisdiction (28 USC 1367)