Page 1 of 1

Counterclaim and Crossclaim in regards to Impleader

Posted: Sat Dec 16, 2017 7:20 pm
by squee116
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?

Re: Counterclaim and Crossclaim in regards to Impleader

Posted: Sun Dec 17, 2017 5:05 am
by LawyerSawyer102
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.