Cross-Claim


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Cross-Claim

A demand made in a Pleading against another party on the same side of the lawsuit.

For example, a manufacturer of desks shipped thirty desks to a buyer by truck. When the buyer refused to pay because the desks arrived in a damaged condition, the manufacturer sued both the buyer and the trucking company. The buyer did not know whether the manufacturer or the trucking company was responsible for the damage, so the buyer served an answer containing a denial that he owed money to the manufacturer for unusable desks and a cross-claim demanding that the trucking company compensate him for the damage to the desks.

A counterclaim is comparable to a cross-claim except that it is a claim against an adverse party in the lawsuit, not a party on the same side of the lawsuit.

References in periodicals archive ?
The condition noted by the family's lawyer prompted Wednesday's settlement conference and apparently involved the county's desire to pursue a cross-claim it had filed earlier this year against Corizon Health, the jail's now-former medical provider.
Legal costs to defend such proceedings can be substantial-attorneys who specialize in this work charge as much as $1,000 an hour--and the client can bring a cross-claim against the firm to recover its losses.
2) Yet courts do not permit this type of cross-claim factual
Samsung subsequently filed a cross-claim against Apple, claiming violation of three 3G data transmission patents in Apple's iPhone 4 and 4S models and second iPad model.
Carmen filed a cross-claim against GM for contribution and set-off.
Watkins filed a cross-claim against the hospital in the event that Dr.
to clarify that counter petitions in county court are also subject to the cross-claim, counterclaim and third-party complaint filing fees; amends [section]57.
Alinghi has also filed a cross-claim because Oracle has not yet provided the custom house registry which provides a description and some measurements of the challenging boat--Alinghi previously claimed that the description of Oracle's 90 foot by 90 foot keel yacht was ambiguous.
14) Also, if an order resolves a compulsory counterclaim or if a related cross-claim remains pending involving the same parties, an order disposing of the counterclaim or cross-claim will not be appealable until the court disposes of the primary claim.
Based on the parties' agreement that jurisdiction over the LTA indemnification clause lay with COFC, the federal district court dismissed Union Pacific's cross-claim.
The anti-graft court's fourth division ruled the 69-year-old widow of late strongman Ferdinand Marcos can now file a cross-claim suit against the estate of businessman Ramon Cojuangco, whom she said they used as "mere dummies" in PLDT.
The county in February filed a cross-claim against Corizon in connection with the Green case, asserting in court filings that Corizon "is required and obligated to defend, indemnify and reimburse" the county for any payments the county would be required to make in the wrongful death suit.