Cross-Claim

Cross Claim in the United States

A secondary claim filed by parties on the same side of a legal action. A cross claim is brought by a co-plaintiff or co-defendant. This claim is separate from the overarching claim against the party on the opposing side of the main litigation. A cross claim must directly relate to a substantial issue contained in the original and larger action or a counter claim based on it.

See Also

Complaint (Civil Process) Counter Claim (Civil Process).

Analysis and Relevance

A cross claim turns a legal action into essentially a three-sided suit. It allows a co-defendant to assert a claim against another co-defendant in an effort to place part or all of the liability on the second defendant. For example, if an airline files an action against a contractor and one of its sub-contractors because of a defect in a plane it purchased, the contractor may wish to file a cross claim against the sub-contractor in an effort to demonstrate full responsibility resides with the sub-contractor. Both the contractor and sub-contractor are defendants to the initial action, but within that suit, they are contesting through a cross claim. A cross claim differs from a counter claim. In the former, claims are litigated by parties on the same side of the principal lawsuit, while the latter is litigated between the parties contesting the original litigation. A cross claim may also be called a cross complaint.

Notes and References

  1. Definition of Cross Claim from the American Law Dictionary, 1991, California

Cross-Claim Definition

Cross-Complaint in this Legal Encyclopedia
Cross-Complaint definition in the Law Dictionary

Cross-Claim in Foreign Legal Encyclopedias

Link Description
Cross-Claim Cross-Claim in the World Legal Encyclopedia.
Cross-Claim Cross-Claim in the European Legal Encyclopedia.
Cross-Claim Cross-Claim in the Asian Legal Encyclopedia.
Cross-Claim Cross-Claim in the UK Legal Encyclopedia.
Cross-Claim Cross-Claim in the Australian Legal Encyclopedia.

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Cross-Claim Cross-Claim in the Family Law Portal of the American Encyclopedia of Law.
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Cross-Claim Cross-Claim in the Environmental Law Portal of the American Encyclopedia of Law.

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Meaning of Cross-claim

In plain or simple terms, Cross-claim means: In a civil proceeding, if there are two or more defendants, one defendant can raise a claim against another defendant.

Resources

See Also

  • Legal Topics.
  • Further Reading (Articles)

    Cross Claim Riles D.C. Duo: City Sues 2 Trying to Clean Up Are, The Washington Times (Washington, DC); October 28, 1997; Hansen, Ronald J.

    Defendant Dr. files cross claim v. hospital & nurses.(Nursing Law Case of the Month), Nursing Law’s Regan Report; December 1, 2010

    Arbitrability of Cross-Claim under Contract with No Arbitration Clause, Dispute Resolution Journal; February 1, 2007; Anonymous

    Cross-Claim Filed in Milwaukee City Hall Suit, Daily Reporter (Milwaukee, WI); December 17, 2013; Kevit, Beth

    Cross-Claim Adds Wrinkle to Milwaukee’s City Hall Facade Lawsuit, Daily Reporter (Milwaukee, WI); December 13, 2013; Kevit, Beth

    KPMG Flags Cross Claim in Allco Lawsuit, Australasian Business Intelligence; September 5, 2013

    Forum firm files cross-claim against arena authority., The Commercial Appeal (Memphis, TN); August 3, 2005

    Blue Cross Claim That 39% Premium Hikes Due Only to ‘Escalating Cost of Health Care’ Trigger Calls for Regulation of Rates., Managed Care Weekly Digest; February 22, 2010

    DeMatha, Holy Cross Claim Titles, The Washington Post; May 18, 2000; Jay Kroshus

    Kyle is key as Cross claim crown, Belfast Telegraph; October 18, 2010

    Ex-Marine’s Navy Cross claim is found to be untrue [Corrected 04/22/ 11], The Buffalo News (Buffalo, NY); April 20, 2011; Lou Michel

    How Saltire is in the dock in America’s deep south; Southern Cross claim for Supreme Court, The Herald; January 2, 2004; ALLAN LAING

    Guarantees – the Effectiveness of Suspension of Rights Clauses, Mondaq Business Briefing; November 28, 2012

    The successful party still not entitled to costs after the appeal.(Case overview), Mondaq Business Briefing; November 2, 2011

    Supreme Court Refuses to Allow Plaintiff to Amend Pleadings Where This Would Cause Prejudice to Defendant, Mondaq Business Briefing; February 5, 2014; Hutchings, Suzie

    DDT CRP – Division 6 new cross claims remain Valid., Mondaq Business Briefing; June 21, 2011

    Claims for contribution from joint tortfeasors under section 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946.(Bowcliff Pty Ltd v QBE Insurance (Australia) Ltd), Mondaq Business Briefing; March 22, 2011

    Aggregation and Law, The Yale Law Journal; October 1, 2012; Porat, Ariel Posner, Eric A.

    SOUTH CAROLINA JUDICIAL DEPARTMENT’S COURT OF APPEALS ISSUES OPINION REGARDING STEARNS BANK NATIONAL ASSOCIATION V. GLENWOOD FALLS ET AL., US Fed News Service, Including US State News; April 9, 2007

    When is a successful party not entitled to costs?, Mondaq Business Briefing; May 19, 2011

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