Tag Archives: counterclaims

Intellectual Property – Patent Infringement – Counterclaims – Preemption – False Statements – Affirmative Defenses – Pleading Standard (access required)

Hand Held Products, Inc. v. Code Corp. (Lawyers Weekly No. 002-157-17, 12 pp.) (Richard Mark Gergel, J.) 2:17-cv-00167; D.S.C. Holding: Defendant’s state-law injurious falsehood and tortious interference counterclaims are not preempted by the Patent Act because defendant alleges that plaintiff ...

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Civil Practice – Motion for Reconsideration – Newly Discovered Evidence – Banks & Banking – Successor Bank – Potential Liability – Remand (access required)

Bank Meridian, N.A. v. Ultra Holdings, LLC (In re Earth Structures, Inc. This court’s Feb. 29, 2012 summary judgment order in favor of SCBT, N.A. was based primarily on the application of 12 U.S.C. § 1823(e); however, a June 4, 2012 letter from SCBT indicates that the FDIC had recently suggested that SCBT had assumed some of the liabilities of its predecessor, plaintiff Bank Meridian, N.A. In light of the letter, the court can no longer say that no act of SCBT could give rise to liability for defendant Wicker’s counterclaims; further, the court cannot determine how the defenses asserted by Wicker may be affected until the details of any assumption are understood.

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Real Property – Mortgages – Civil Practice – Foreclosure – Compulsory Legal Counterclaims – Bifurcation – Order of Proceedings (access required)

Plantation Federal Bank v. Gray Where the defendant-landowner’s compulsory legal counterclaims share questions of fact with the plaintiff-bank’s foreclosure action, and where the bank has not shown “imperative circumstances,” the landowner’s counterclaims must be tried first.

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Civil Practice – Jury Trial Demand – Stricken – Counterclaims – Real Property – Mortgages – Unconscionability – Attorney Preference (access required)

Wells Fargo Bank, NA v. Smith In this mortgage foreclosure action, if the defendant-homeowner prevails on his common-law unconscionability counterclaim, it will affect the plaintiff-bank’s right to foreclose; therefore, the counterclaim was compulsory. However, the counterclaim is equitable in nature, so the master-in-equity correctly struck the homeowner’s jury trial demand.

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Constitutional – Jury Trial – Waiver – Real Property – Foreclosure — Mortgages — Promissory Note – Counterclaims – Tort/Negligence (access required)

Wachovia Bank, N.A. v. Blackburn Although the prominent jury trial waiver in defendants’ promissory notes is valid and binding, it does not apply to defendants’ counterclaims, which are based on their allegations that the bank partnered with a developer and made misrepresentations about the properties being sold and the construction of amenities. We affirm the trial court’s ruling that defendants waived their right to a jury trial in matters related to the promissory notes and other loan documents. We reverse the trial court’s ruling that defendants’ counterclaims are encompassed by the waiver.

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Civil Practice – Diversity Jurisdiction – Amount in Controversy – Plaintiff’s Claims – Time of Removal – Counterclaims – Suspended Corporate Status (access required)

No Regrets Properties, Inc. v. Neighborhood Sports Pub Concepts, Inc. Even if defendant's counterclaims could be aggregated with plaintiff's claims to reach the jurisdictional amount in controversy in a removal case, the amount in controversy must be considered as of the dates of the filing of the complaint and the filing of the notice of removal. Defendant had not filed its counterclaims as of the date of removal, and plaintiffs have disclaimed any award in excess of $74,900; therefore, the amount in controversy does not support federal jurisdiction under 28 U.S.C. § 1332. Plaintiffs' motion to remand to state court is granted.

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