In Search of the Transaction or Occurrence: Counterclaims


Tthe “transaction or occurrence” is the cornerstone of the federal joinder rules, including counterclaims, cross-claims, and joinder of parties. The rule that has produced by far the most reported decisions is Fed. R. Civ. P. 13(a), the compulsory counterclaim rule, so this article limits itself to counterclaims. The article looks at the history and intended meaning of the transaction or occurrence, proceeds to analyze and critique many court decisions on counterclaims, and proposes a new key phrase for the joinder rules.



Date of this Version

August 2006