Cross-claimant

In legal proceedings, a Cross-claimant is a party who asserts a claim against a co-party. Unlike a counterclaim, which is asserted against an opposing party (the plaintiff or the defendant, depending on who initiated the lawsuit), a cross-claim is filed within the confines of an existing lawsuit and involves parties on the same side of the original claim. This typically arises when one defendant asserts a claim against another defendant, or a plaintiff asserts a claim against another plaintiff. The cross-claim alleges that the co-party is liable or responsible for a portion of the damages or has some legal duty to the cross-claimant. The outcome directly influences the relative rights and liabilities of these co-parties within the current action.

Cross-claimant meaning with examples

• During the construction defect case, the homeowner (plaintiff) sued both the general contractor (defendant) and the subcontractor. The general contractor, facing potential liability, filed a cross-claim against the subcontractor, alleging that the subcontractor's faulty workmanship was the primary cause of the defects, seeking contribution for the potential damages, and shifting liability.
• In a multi-car accident case, one of the drivers sued the other two drivers. One of the defendants filed a cross-claim against the other defendant, alleging that the other defendant was negligent and primarily responsible for causing the accident. This cross-claim would help determine liability between those two parties, regardless of the Plaintiff.
• In a breach of contract case between a business (plaintiff) and its supplier (defendant), the supplier filed a cross-claim against the business's partner (also a defendant) arguing that the partner had misrepresented material facts, thus influencing the breach, and seeking indemnity, and thus the partner was liable for any losses that the supplier might have.
• In a complex shareholder dispute, a group of shareholders (plaintiffs) sued the company and its board of directors. One director, a defendant, filed a cross-claim against another director, alleging that the other director acted improperly and had caused a breach of fiduciary duty, impacting the other shareholders, seeking indemnification for the damages, including legal fees.
• In a dispute over intellectual property, a company (plaintiff) sued another company for patent infringement and named the inventor as another defendant. The second company, named defendant, filed a cross-claim against the inventor (co-defendant), claiming that the inventor had breached an agreement, warranting that the patent would be valid, and thus was responsible for any losses the company might suffer.