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Cross Claims

Commercial Litigation Attorney - Business Litigation Attorney

A cross-claim is a claim brought against a co-party in the same side of a lawsuit. For example, if there are two defendants, one defendant may sue another defendant using a "cross claim." A cross-claim is proper if it relates to a matter that arises from the same transaction or occurrence that is the subject matter of the lawsuit.

The policy for allowing cross-claims is that they promote efficiency and consistency. Furthermore, the same underlying facts will be litigated on the main claim as well as on the cross-claim preserving efficiency in the judicial system by resolving multiple claims that might arise between the parties as opposed to courts trying each claim individually and re-litigating the same facts. Furthermore, this will prevent inconsistent verdicts that might harm the public perception of the judicial process.



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