Answer And Counterclaim: Fill & Download for Free

Here’s one way to count (I’ll use the jurisdiction where I practice divorce and family law (Utah) as an example):A child custody case (whether that be a divorce, a paternity action, or just a custody case) is commenced with a complaint or a petition filed with the court.The response to a complaint or petition can be made by an answer or “answer and counterclaim”. The difference between an answer and an “answer and counterclaim” is that an an answer is a respondent's first pleading that usually consists of denying the petitioner's allegations and articulating the defendant’s defenses (Black's Law Dictionary (11th ed. 2019)). An answer and counterclaim consists of an answer, plus a claim for relief against the petitioner (also termed counteraction or countersuit) (Id.).The "reply" is the petitioner’s response to the respondent's counterclaim. It usually consists of denying the respondent’s counterclaim allegations and articulating the petioner’s defenses to the counterclaim.And that’s the limit: 1) complaint or petition; 2) answer or answer and counterclaim. And if a counterclaim is filed, it is followed by 3) a reply to the counterclaim. You can’t file anything else as a means of asserting a cause of action, UNLESS you file (assuming you are allowed to file) an “amended” complaint/petition, answer, counterclaim, or reply.

Here's i2 Group's version of the story in the settlement announcement.Palantir, I2 Settle Trade Secrets, Copyright Case - Law360If you read Palantir's answer and counterclaim, they pretty much admit that their employee / his friend got the software, but deny that they had knowledge of it at the time or used it for their benefit. Palantir also makes some good points about i2 breaking federal laws by preventing their users from exporting and transferring data to other applications.i2 v. Palantir: Palantir's Answer to Complaint

Trying to “guilt/shame” a Federal Judge is a VERY bad idea!Back in 1994, I tried a federal case that was a blood-feud between two businessmen. The lawsuit revolved around a complex transaction - 3 closings, 100+ page contracts (1 for each closing), and dozens of exhibits for each contract. Many trees died that year.Simple explanation, an asset “package” was up for sale - 6 companies did due diligence - submitted their bid - our client was the high bidder. The due diligence period was 3 months, our client sent 4 people, and, for obvious reasons, spent ALOT of time with the seller’s rep “J.”Our client offered J a job - it made perfect sense, J knew the assets.At Closing 1, our client bought a loan portfolio ($100,000,000/face value). He was a “deal guy,” smart, and found a buyer BEFORE the closing. He flipped it (literally 15 minutes later) for a $20,000,000+ profit - not a bad day’s work.Well, the seller heard about it and blew a gasket. Bottom line, he “staged” a fight at Closing 2, tanked the deal, and refused to sell the rest of the assets.Cue Massive Lawsuit - both sides sued each other - fraud, breach of contract, and a dozen other claims going both ways. Lots of theirs hinged on J and J’s allegedly bad behavior.J was no prize - he looked a little oily, he and a secretary got caught playing footsie, and he’d pulled some stupid stunts (hinted at “bids”on cocktail napkins - we had 5 testify he did the same thing, but it just sounded sleazy and “wrong.”)Trial lasted 6 1/2 weeks, all day every day - just to put on the evidence.Then we had the “charge conference” - arguing about the instructions and questions the jury needed to answer to reach a verdict. THAT was another week of fun.With so many claims and counterclaims - it was 80+ pages long - single spaced. Our jury had a median 7th grade education. I’m not judging, just explaining.Jury deliberations took 6 days. The verdict - we got HAMMERED - $32,000,000+ award. WTF?We talked to 8 of the 12 jurors, during deliberations:They DID NOT read and follow the instructions;They DID NOT understand the transaction;They had NO idea whether our client did anything wrong or not; andThey DID NOT use the documents and testimony make a decision.They HATED J and thought he was a scumbag. So, they answered “YES” to all his issues and decided that, if the company went broke, J would be out of a job.I prepared a Motion for Judgment Notwithstanding the Verdict - asking the Judge to set aside the jury’s decision. Both sides submitted briefs and the Judge “took it under advisement.” We waited - a year went by, no rulingThen, opposing counsel did something monumentally stupid - he sent the judge a letter with THIS opening line:“Some say justice delayed is justice denied…..”15 minutes later, justice arrived via fax: Motion for JNOV GRANTED, verdict set aside as to ALL issues. Those 7 words cost his client $32,000,000+ and they never got it back.NOTE: Apparently there is some confusion about my answer. The jury verdict was WRONG because they based it on their personal dislike for J. Not the evidence or instructions.The judge’s order was absolutely correct, not a punishment for his stupid letter. The appellate courts all agreed, and believe me, they took this all the way to the US Supreme Court.I don’t know why she waited so long, but there is no question it came down THAT day because of his ‘outrageous’ letter.