Counter-claimant

A counter-claimant is an individual or entity who initiates a counter-claim within a legal proceeding. This party, initially a defendant in the primary lawsuit, asserts their own claim against the original plaintiff, seeking damages or other relief. The counter-claimant essentially becomes a plaintiff in a separate, but related, action within the existing legal framework. The validity of the counter-claim is determined by the court alongside the initial claim. This process allows for the simultaneous resolution of connected legal issues, potentially saving time and resources. The counter-claimant has the burden of proof for their allegations.

Counter-claimant meaning with examples

• The defendant, after being sued for breach of contract, filed as a counter-claimant, alleging the plaintiff had made fraudulent representations. They presented evidence of misstated product specifications, aiming to recoup losses. The court would evaluate the defendant’s claim separately, considering the presented counter evidence.
• In the patent infringement case, the accused infringer acted as a counter-claimant. They claimed the plaintiff's patent was invalid due to prior art. They introduced evidence of prior inventions, with the goal of getting their product removed from patent infringement. The court now examines the defendant's assertion.
• The tenant, facing eviction for late rent, became a counter-claimant, citing the landlord's failure to maintain the property. They presented photographic and testimonial evidence about unlivable conditions. The court would evaluate the defendant's allegations of the property's lack of care.
• Following the car accident lawsuit, the other driver appeared as a counter-claimant. They contended that the other party was the cause of the crash. They submitted collision data, including impact reports and expert witnesses testimony. The court decided on both parties involvement.
• The employee, sued for breach of a non-compete agreement, asserted their role as a counter-claimant. They alleged the former employer had engaged in unfair labor practices and breached their employment contract. The court considered both claims.