§Why CasetextPricing

Carn et al v. Heesung PMTech Corporation(CONSENT)

MOTION to Dismiss Counterclaims for Declaratory Judgments, Or, In the Alternative, To Redesignate Such Counterclaims as Affirmative Defenses

3 Cited authorities

  1. Intercon Solutions, Inc. v. Basel Action Network

    969 F. Supp. 2d 1026 (N.D. Ill. 2013)   Cited 57 times
    Holding that Washington's anti-SLAPP statute "conflicts with Rule 12(d) and Rule 56 ... and therefore cannot be applied by a federal court sitting in diversity" (footnote and citation omitted)

  2. U.S. v. Zanfei

    353 F. Supp. 2d 962 (N.D. Ill. 2005)   Cited 26 times
    Holding that counterclaim for declaratory judgment repetitious and unnecessary as it merely restates an issue already before the court

  3. Englewood Lending Inc. v. G & G Coachella Investments, LLC

    651 F. Supp. 2d 1141 (C.D. Cal. 2009)   Cited 11 times
    Holding that a counterclaim overlapped with relief sought in the complaint and with two affirmative defenses and thus did "not serve the intended purpose the Declaratory Judgment Act . . . . [T]he [defendants] do not live in fear of a potential suit; they are already obliged to defend against one"