Counterclaim and Crossclaim in regards to Impleader

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squee116
Posts: 98
Joined: Tue Oct 29, 2013 1:18 pm

Counterclaim and Crossclaim in regards to Impleader

Postby squee116 » Sat Dec 16, 2017 7:20 pm

So my book and the FRCP keeps talking about crossclaims being claims against co-parties.
But what happens if one co-party files suit (or impleads another party into the suit), and the receiving co-party of that suit wishes to file a suit back?
Is just the first suit a crossclaim (except for impleader), and the return suit a counterclaim? Are both suits crossclaims?

LawyerSawyer102
Posts: 12
Joined: Tue Sep 05, 2017 11:23 pm

Re: Counterclaim and Crossclaim in regards to Impleader

Postby LawyerSawyer102 » Sun Dec 17, 2017 5:05 am

squee116 wrote:So my book and the FRCP keeps talking about crossclaims being claims against co-parties.
But what happens if one co-party files suit (or impleads another party into the suit), and the receiving co-party of that suit wishes to file a suit back?
Is just the first suit a crossclaim (except for impleader), and the return suit a counterclaim? Are both suits crossclaims?


First suit is a crossclaim.
The second suit is a counterclaim.

Crossclaim is a suit between party members on the same side of the v. The moment crossclaim is made, another v is created that separates the previous co-party.




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