3 Resolutions To The Cross-Claim Conundrum

Law360, New York (July 17, 2013, 10:47 AM ET) -- You are a direct defendant, and one of your co-defendants has filed a third-party action to implead a potentially liable party. You likewise believe you have a claim for contribution against this third-party defendant. So you file a cross-claim in the pending action. Or is it a third-party claim? Or is it something else altogether?

Depending on what jurisdiction you are in, the answer could be any of the above.

The problem arises because many jurisdictions’ procedural rules surprisingly do not contemplate this commonplace occurrence. In...
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