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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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
The Borrower has, as expected filed its threatened cross-claim in response to the Company's action for repayment.
The complaint and compulsory counterclaim and/or cross-claim pleaded in the answer, which are the only allowable pleadings to be filed in forcible entry cases, shall be verified.
Now, what you could do is file a cross-claim or counterclaim against your two ex-roommates, pursuant to your agreement with them.
Flores, who represented the distributor a co-defendant that filed a cross-claim for indemnification and contribution against the manufacturer said the decision was helpful given how unsettled the issue of personal jurisdiction over foreign defendants has been in recent years.
Together, those lawyers authored a 30-page counterclaim and cross-claim that said it was Miller who crossed the line by sending the client letter.
The diocese and the parish have filed a cross-claim against Morton, in which they claim indemnity and/or contribution for any "damages, interest and costs" that they may be ordered to pay the plaintiff.
Tower Tap asserted a cross-claim against London Road for common-law indemnity, and London Road asserted cross-claims for contractual indemnity and contribution.
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.
In 2012, the United States filed a cross-claim against NECC and others in a consolidated action concerning the Site.
Discuss with outside counsel whether to bring a cross-claim for implied indemnity against others, being mindful of existing business relationships.
(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.