Prevratil v. Mohr

The Court is mesmerized by the entire controversy doctrine — so much so that its opinion, holding that the. doctrine makes mandatory all counterclaims and cross-claims in automobile negligence cases, scarcely acknowledges that the prospective effect of noncompliance is to bar the later filing of meritorious claims, and never attempts to address whether that severe and extraordinary consequence is justified by specific benefits to the administration of justice. Not only is the Court’s application of the doctrine to litigants represented by assigned insurance counsel unprecedented, unfair, and…