The claim against E is based on federal law, while the claims against F and G are based on state law. L and M bring an action against N in federal court. These cases indicate that the same rule will not be applied to permissive counterclaims, in part because the second aspect of the rationale noted above is not present. The counterclaim would not have been barred by the statute of limitations if it had been filed on the day the plaintiff filed suit, but it was barred by the time the defendant asserted it. A moves to dismiss the counterclaim on the ground that it is barred by the statute of limitations, citing the federal cases noted above and pointing out that the counterclaim is permissive, not compulsory.
B brings to the court's attention a statute of the state in which the court is sitting.
This statute provides that statutes of limitations on counterclaims are tolled on the day plaintiffs file suit, and that this rule applies to both compulsory and permissive counterclaims. Discuss how the court should resolve A's motion to dismiss. Adams and his family were able to escape, but the fire completely destroyed the house. Anystate asked an employee, James Davis, who was an experienced fire investigator, to investigate. Davis conducted his investigation on October 2, when there had been no disturbance of the site.