Legal Memorandum: Counterclaim

Issue: Under Wyoming and Minnesota law, when will a counterclaim be deemed compulsory?

Area of Law: Business Organizations & Contracts, Litigation & Procedure
Keywords: Counterclaim; Contractual agreement; Contractual relationship
Jurisdiction: Minnesota, Wyoming
Cited Cases: None
Cited Statutes: None
Date: 12/01/2014

The general rule may be stated as follows:

Where the parties have a contractual agreement, the contractual relationship controls, and parties are not permitted to assert actions in tort in an attempt to circumvent the bargain they agreed upon.


Pinther v. Ditzel, 163 P.3d 816, 818 (Wyo. 2007) (citing Snyder v. Lovercheck, 992 F.2d 1079, 1087 (Wyo. 1999)).


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