Class actions are complex, but crossclaims offer a way for defendants to defend, deflect, and divide liability—without leaving the courtroom. Here's how they work.
In class action lawsuits, multiple plaintiffs unite to sue a defendant for similar harms—often over defective products, financial fraud, environmental damage, or consumer rights violations. But when more than one defendant is involved, disputes don’t just run between plaintiffs and defendants—they often run between the defendants themselves.
Enter the crossclaim—a strategic tool that allows one defendant to assert claims against another co-defendant. Used effectively, crossclaims help defendants allocate liability, seek indemnification, and protect their interests in high-stakes litigation.
A crossclaim is a legal claim filed by one defendant against another in the same lawsuit. Unlike a counterclaim (which is filed against the plaintiff), a crossclaim targets co-defendants and must relate to the same transaction, event, or occurrence at the heart of the class action.
Example: In a class action involving a defective drug, a pharmaceutical company might file a crossclaim against its packaging supplier, alleging the harm stemmed from labeling errors, not the drug itself.
Crossclaims help divide liability among defendants—crucial when each party’s role in the alleged harm varies.
If one defendant is left holding the bag, they may file a crossclaim seeking reimbursement or a shared payout from another party.
Crossclaims resolve internal disputes—such as which co-defendant had control over a dangerous product or deceptive practice.
Sometimes, a crossclaim may rope in another party whose conduct contributed to the class members' harm.
Crossclaims shift or share fault between defendants. This can:
Strengthen a defendant’s position at trial
Clarify blame in settlement talks
Influence how damages are ultimately divided
While crossclaims can streamline internal disputes, they may also add layers of complexity to already sprawling litigation.
Crossclaims often serve as leverage:
Pushing reluctant co-defendants to settle
Realigning negotiations
Restructuring payment responsibilities
Name the co-defendant whose conduct contributed to the alleged harm, and be specific about their role.
Use well-grounded legal theories such as:
Negligence
Breach of contract
Fraud or misrepresentation
Statutory violations (e.g., consumer protection laws)
Explain:
How the co-defendant’s actions led to the harm
What role they played in the larger scheme or event
When and how their behavior intersected with yours
Example: In a securities fraud class action, a bank may crossclaim against its auditor, alleging failure to detect or report misleading financial data.
Seek:
Indemnification (full repayment for liability)
Contribution (shared responsibility for damages)
Declaratory relief (legal clarification of fault)
Crossclaims must be filed according to procedural deadlines—often tied to the defendant’s response to the original complaint.
Crossclaims can help or hinder:
They may resolve key issues, or
Add new battles and delay proceedings
In jurisdictions where joint and several liability applies, any defendant may be forced to pay the full damages award. A crossclaim can ensure others share the load.
Crossclaims are more than a defensive tactic in class action litigation—they’re a way to manage risk, shift responsibility, and clarify the path forward. In cases involving multiple defendants, they're often the only way to ensure fairness behind the scenes of high-stakes claims.
When used with precision, crossclaims can streamline litigation, shape settlement outcomes, and protect defendants from shouldering more than their share of liability.
Whether you're facing a class action or defending your share of liability, Legal Husk can help you draft, refine, and strategically deploy crossclaims that protect your interests.
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