Cross-Claim

A cross-claim is a claim one defendant makes against another defendant in the same lawsuit, usually asking that the other share or pay any damages awarded to the plaintiff. In asbestos cases, defendants often file cross-claims for contribution or indemnity against each other.

Origin

Cross-claims are allowed by the federal rules and by state rules of civil procedure so that related disputes can be resolved in one case. In asbestos litigation, with many defendants per case, some courts treat standard cross-claims as automatically filed among all defendants.

Significance in Asbestos Context

Cross-claims are mainly a fight among defendants over who pays what share. They matter to a plaintiff because they affect how a verdict is divided, especially in states with joint and several liability or rules that let a jury apportion fault among defendants. They can also affect settlements: when one defendant settles, the others may claim a credit or ask that the settling defendant still be listed on the verdict form. Some states bar cross-claims against a defendant that has settled in good faith. The details depend heavily on state law. For the family, cross-claims usually happen in the background and do not require any action, but they help explain why defendants sometimes point fingers at each other at trial.

Example Sentence

The valve maker filed a cross-claim against the insulation contractor, arguing that the contractor's products caused most of the plaintiff's exposure.

Related Terms

Defendant, Joint and Several Liability, Settlement Credit, Nonparty Fault, Third-Party Complaint, Complaint

Notes

• Cross-claims among defendants do not usually require anything from you.
• Ask your lawyer how a settlement with one defendant affects claims against the others in your state.