Shooting Victim Defends Counterclaim Over $17M Verdict
By Ganesh Setty (January 28, 2022, 6:47 PM EST) -- A woman who survived a mass shooting in 2017 urged a Texas federal court to let her counterclaim against Acceptance Indemnity Insurance Co. remain, warning that her potential recovery of damages may not necessarily result from a declaratory judgment that the insurer has a duty to indemnify her.
A counterclaim is actually compulsory under Fifth Circuit precedent, Carly Shockey argued in a brief Thursday opposing Acceptance's motion to dismiss it. She said her counterclaim is one for monetary relief, not just a duplicative claim for declaratory relief.
"Shockey's chief concern with this motion is that without her counterclaim, there might be...
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