Compulsory counterclaim didn’t apply

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 25, 2015 3:00 PM

Jeanne Pace’s 2013 lawsuit for false arrest and related claims against Timmermann’s Ranch & Saddle Shop and four of its employees presented an interesting procedural puzzle about whether her allegations should have been asserted as a compulsory counterclaim under Federal Rule of Civil Procedure 13 when she responded to Timmermann’s 2011 complaint for alleged conversion, breach of fiduciary duty, fraud and unjust enrichment.Pace and her husband, who alleged loss of consortium, moved to consolidate both …

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