Wigglesworth (P) filed a complaint under 29 U.S.C. section 401 alleging that the Local 592 (D) prevented him from exercising his right to freedom of speech and was denied the request to inform union members of their rights under the act. On the day the complaint was filed, P held a press conference and accused D of being dominated by the Mafia, and that past local elections had been fixed. D denied the allegations and sued for slander and libel, and malicious prosecution. P moved for a motion to dismiss D's counterclaim for lack of subject matter jurisdiction. The issue to be determined was whether D's counterclaim arose out of the same transaction or occurrence that is the subject matter of P's claim.