In subsequent litigation over the second mortgage between the husband, wife, homeowners association, and the bank, the husband filed a crossclaim
against the bank seeking a declaratory judgment to cancel the first mortgage and quiet title to the property.
18(a) ("A party asserting a claim, counterclaim, crossclaim
, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.
157) Other courts have held that substantial litigation conduct, such as filing a complaint, counterclaim, or crossclaim
, did not, on its own, constitute prejudice and was insufficient to prevent the party from changing its mind and seeking arbitration.
Specifically, "[w]hen an action presents more than one claim for relief--whether a claim, counterclaim, crossclaim
, or third-party claim--or when multiple parties are involved," Rule 54(b) empowers district courts to certify a partial final judgment for appellate review by "direct[ing] entry of a final judgment as to one or more, but fewer than all, claims or parties," but "only if the court determines that there is no just reason for the delay.
The Taiwanese manufacturer filed a crossclaim
seeking indemnification from the Japanese manufacturer.
The application will also allow the defendant or respondent to make a counterclaim against the plaintiff or petitioner or a crossclaim
against a third party in which the roles and information provided by each party, as shown in the previous table, would be reversed.
1978) (ruling that a defendant could not plead an affirmative crossclaim
after the statute of limitations had expired); Dinorsea v.
13(h) ("Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim
in the form of a crossclaim
, third party claim or other claim for contribution or indemnity by an Insured Person which is part of or results directly from a Claim which is otherwise covered by the terms of this Policy; or
110(b) ("A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim
, or third-party claim, must state a cause of action and shall contain .
The surety may act within the context of the pending suit by the obligee by filing a crossclaim
against the principal for indemnity, exoneration and specific performance of the indemnity agreement.
A pleading may state as a crossclaim
any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter of either the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action.