Tuesday, October 28, 2014
Ind. Decisions - 7th Circuit posts a second Indiana opinion from Oct. 27th
In Frederick V. Greene v. U.S. Dept. of Education (ND Ind., Van Bokkelen), a 5-page opinion, Judge Posner writes:
This appeal requires us to decide what is needed to make a counterclaim compulsory. The plaintiff, Frederick Greene, appeals from a judgment direct-ing him to repay his student loan debt to the federal De-partment of Education. The judgment is based on a counterclaim filed by the Department to Greene’s complaint, which sought to enjoin the Department from collecting his student debt by garnishment of his wages or any other measure. The judge ruled that the Department’s counterclaim seeking a judgment ordering Greene to repay the debt was not barred, either as a compulsory counterclaim in a previous litigation or by res judicata or collateral estoppel. * * *
We therefore agree with the district court that the Department’s counterclaim is not barred. As for Greene’s alternative grounds for barring the Department’s claim for repayment of his student loans — res judicata and collateral es-toppel — they fall with his compulsory-counterclaim argument.
Posted by Marcia Oddi on October 28, 2014 10:33 AM
Posted to Ind. (7th Cir.) Decisions