Leah_Leo said:
In Washington state a counterclaim regarding asbestos exposure was dismissed on summary judgment based on a technicality, not on merit in superior court. Can the counterclaim be brought as a complaint in small claims court? What is the limit amount in small claims for Washington state?
Thanks.
My response:
Was judgment rendered with, or without, prejudice? If without prejudice, then before you can file again, you'll need to determine if the issues will be deemed "res judicata", and whether any re-filing is within the Statute of Limitations. It is also very unlikely that a Small Claims court would have jurisdiction to hear asbestos type cases. Those cases are usually reserved for courts with greater jurisdiction; e.g., Superior Court.
Talk to a local attorney concerning these points.
IAAL
