Legal Question in Civil Litigation in Massachusetts
A judge dismissed the bulk of the case by ruling in favor of half of my motion to preclude, she left the counter claim open. Now what do I do? Can they argue the dismissal? Do I contact the lawyer and offer to drop the counter claim if he signs a mutual stipulation for dismissal? Or do I just do nothing?
1 Answer from Attorneys
More information is needed, and I recommend you contact a lawyer. The phrase "bulk of the case" is unclear. It is also unclear whether you are the plaintiff or the defendant in this action. Regardless of whether you are the plaintiff or defendant, you must treat an open counterclaim as an open case. Presumably, you could (1) ignore it, (2) attempt to settle, (3) get the other party to agree to a dismissal, or (4) continue to pursue/defend the counterclaims.
What you ultimately "should" do depends on a number of factors, and you need to discuss those with an attorney.
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