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Williams v. Robinson | 1 F.R.D. 211 (1940)
A counterclaim is a claim that’s filed against an opposing party after the original claim is filed. The Federal Rules of Civil Procedure distinguish between compulsory and permissive counterclaims. A compulsory counterclaim is one that a party must assert in a pending action. If the party fails to do so, he forfeits his right to assert the claim in a separate proceeding. A permissive counterclaim is one that a party may assert in a pending action. If the party fails to assert a permissive counterclaim, he may still assert that claim in a separate proceeding. In Williams versus Robinson, we explore how courts determine whether a counterclaim is compulsory or permissive.
Samuel Robinson’s wife filed a maintenance lawsuit against him. Robinson answered and filed a cross-complaint, seeking an absolute divorce based on his wife’s alleged adultery. Robinson also named Clinton Williams as corespondent, alleging that Williams committed adultery with Robinson’s wife. Williams filed an answer in which he denied Robinson’s adultery allegations.
Williams then filed a separate lawsuit against Robinson for libel and slander. Specifically, Williams asserted that Robinson had falsely and maliciously accused Williams of adultery in Robinson’s cross-complaint in the maintenance suit. Robinson asserted that Williams’s claims should be dismissed pursuant to Federal Rule of Civil Procedure Thirteen A. That rule governs compulsory counterclaims and provides that a counterclaim is compulsory if it arises out of the same transaction or occurrence as the original claim. Robinson asserted that Williams’s libel and slander claims arose out of the same transaction or occurrence as Robinson’s cross-complaint. Because Williams brought his libel and slander claims in a separate lawsuit rather than asserting them as counterclaims, Robinson argued that Williams had forfeited his right to bring them. Accordingly, Robinson moved to dismiss Williams’s case.
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