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Home / Opinion Digests / Counterclaim Comes Too Late, Is Denied (access required)

Counterclaim Comes Too Late, Is Denied (access required)

Although the Roanoke U.S. District Court does not fault new counsel for the delay in proposing a counterclaim, it will deny its request to file a counterclaim seven months after it filed its Answer, as discovery is well underway and the counterclaim would change the character of the litigation. Whether the counterclaim should be allowed at ...