Counterclaims and jurisdiction

[Fabilino]

I am a Defendant in a federal case under Lanham in a district court in Tennessee. I have challenged the jurisdiction and the ruling is pending. I intend to file counter-claims. However, due to my challenge of the court's jurisdiction, do I submit myself/accept the court's jurisdiction by filing my counter-claims?

 

[jharris352]

Yes, you can state that in the event the court finds that it has proper jurisdiction to handle this complaint that you are therefore filing a counterclaim. That's called arguing in the alternative.

 

[Michael Wechsler]

Why not file the counterclaims in the event the court finds jurisdiction? Note that there are legal strategies in deciding whether to even respond in a foreign court. The challenge is that the court in someone else's state is deciding whether there is jurisdiction - and there can be various factors you will want to consider before just filing. In this instance, why are you objecting?