Tech Performance, Inc, completes programming and other tech services for Uno IT Products Corporation. When Uno's computer system crashes, it loses $500,000 worth of business and pays $100,000 to have the system reprogrammed. Uno IT announces to the
media that the crash was due to Tech Performance'sincompetence and files a complaint in a federal court against the firm. What are Tech Performance'soptions in response?
In response to the complaint, Tech Performance(the defendant) may file an answer in which the firm admits the statements or allegations set out in Uno IT's complaint or denies them and sets out any defenses that Tech Performancemay have. (If Tech Performanceadmits to the allegations, a judgment will be entered in fa¬vor of Uno IT. If Tech Performancedenies the allegations, the matter will proceed.) In the answer, Tech Performancemay assert an affirmative defense—that is, admit the truth of the complaint but raise new facts to show that the firm should not be held liable for the damage sustained by Uno IT . (The sorts of facts these might be and the legal effect they might have are details explained in later chapters in this text.) Tech Performancecould also deny Uno IT's allegations and assert a coun¬ter¬claim alleging that the crash occurred as a result of something Uno IT did and thatUno IT owes Tech Performancedamagesfor the harm done to its reputation. Uno IT would have to submit an answer to the counterclaim.
Instead of filing an answer, Tech Performancemight file a motion to dismiss. This motion might contend that Uno IT failed to state a claim for which relief can be granted—in other words, even if the facts presented in the complaint are true, their legal conse¬quences are such that there is no reason to go ahead with the suit. Other grounds for this motion include improper service of process and the court's lack of ju¬risdiction or venue. (If the motion is denied, Tech Performance will be given time to file an answer. If the motion is granted, Uno IT will be given time to file an amended complaint.)
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