Continuing A Countersuit After Summary Disposition

[stadster]

I filed a counter claim against a client who is suing me. I am fairly confident that, if I ask, I can get a summary judgement to get their case against me dismissed. The question I have is this: If I am granted the summary motion to dismiss, what happens to my counter claim? Can I still proceed with it?

Illinois law applies.

Thanks for your help.

[seniorjudge]

The general rule is that the countersuit is considered a separate lawsuit.

If you are suing the plaintiff/petitioner on different grounds than what he is suing you for, you may be able to continue the lawsuit.

Summary judgments are strongly disfavored in the court system. Don't count on it happening.