When defamation allegations arise, a well-drafted crossclaim can shift liability and protect your reputation. Here’s how to build a solid case against co-defendants.
Defamation lawsuits can quickly escalate when multiple parties are involved. In these situations, crossclaims offer a strategic way for one defendant to assert that another is responsible for the defamatory statement—or should share the liability.
This guide explores how to draft effective crossclaims in defamation cases, including the key legal elements, drafting strategies, and sample scenarios that highlight how defendants can protect themselves in court.
A crossclaim is a claim brought by one defendant against another within the same lawsuit. In defamation cases, crossclaims typically arise when a defendant believes that a co-defendant made or contributed to the false statement at issue.
Example: If Defendant A is sued for libel based on an article—but believes Defendant B was the true author—A may file a crossclaim asserting that B is liable for the defamation.
Identify the statement (quote it directly)
Explain its falsity
Show how it was published to third parties
Detail the harm caused (e.g., reputational loss, lost business)
Crossclaims can assert:
Collaboration or joint authorship
Vicarious liability (employee/employer or agency relationship)
Contribution or indemnification for damages
Primary liability (they made the statement)
Secondary liability (you repeated what they said)
Contribution or indemnity (you’re being held responsible for their misconduct)
Crossclaimant: Defendant A
Crossclaim Defendant: Defendant B
Allegation: Defendant A claims Defendant B authored and published false statements that harmed A’s professional reputation.
Responsibility: B had exclusive control over the content and acted maliciously or with reckless disregard for the truth.
Relief Sought: Indemnification for any damages awarded to Plaintiff, plus legal costs and reputational harm.
Collect evidence (emails, drafts, posts, messages)
Establish timelines of who said what and when
Identify witnesses who can verify the source
Quote the statement
Link it to the platform/publication
Show the chain of publication and responsibility
Don’t just assert that someone else made the statement—consider:
Negligent publication
Failure to retract
Co-defendant's motive or malice
Anticipate that the crossclaim defendant might say:
The statement was true
It was just an opinion
It was privileged communication
Reinforce your claim by stating:
The statement is verifiably false
It was presented as fact, not opinion
No privilege applies in this context
Jurisdiction: Make sure the court has authority over the crossclaim and the parties.
Timeliness: File according to the deadlines in the relevant rules of civil procedure.
Service: Properly serve the crossclaim and follow all local rules for notice.
Crossclaims in defamation cases are more than just a defense tactic—they can protect your reputation, clarify responsibility, and shift the burden where it rightfully belongs.
If you're defending a defamation case and another party is to blame, don’t leave liability to chance. A well-crafted crossclaim may be your best strategic move in litigation.
When your name is on the line in a defamation case, you need more than a strong defense—you need a strategy. Legal Husk helps clients draft targeted, tactical crossclaims to protect their interests and restore their credibility.
📌 Ready to shift liability and defend your name?
👉 Visit:
🔗 legalhusk.com
🔗 legalhusk.com/services
🔗 legalhusk.com/services/defamation-defense
🔗 legalhusk.com/about-us
In defamation litigation, your reputation is your currency. Use crossclaims to defend it.
📩
Ready for a court-ready crossclaim at a predictable price? Contact Legal Husk and let us draft your next crossclaim with precision and clarity.
Whether you are dealing with a complex family matter, facing criminal charges, or navigating the intricacies of business law, our mission is to provide you with comprehensive, compassionate, and expert legal guidance.
