This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Counterclaims and the related topic of personal injury. For more information on the topic of counterclaims see the page on Wikipedia.
Counterclaims-Statutes
See Va. Code § 8.01-233. If counterclaim arises out of same occurrence as primary claim then statute of limitations as to counterclaim is tolled by filing of primary claim.
See Va. Code § 16-1-88.01 as to counterclaim in general district court.
Counterclaims-Cases
1989 Nottingham v. Weld, 237 Va. 416, 377 S.E.2d 621.
Action in federal court dismissed with prejudice. Federal compulsory counterclaim rule would have barred any attempt to relitigate in federal court any issue that should have been litigated in first action. Virginia courts will give this federal rule full faith and credit in subsequent action in state court.
1949 Hoffman v. Stuart, 188 Va. 785, 51 S.E.2d 239.
Plaintiff originally filed in general district court. Defendant removed to circuit court and then filed counterclaim.
1948 Ivory Storage Co. v. ACLR Co., 187 Va. 857, 48 S.E.2d 242.
Defendant’s cross-claim (counterclaim) was decided by jury after it had been instructed that plaintiff’s claim was without merit.
