Crossclaims don’t just matter in trial courts—they can play a pivotal role in appeals. Learn when and how crossclaims influence appellate proceedings, and what litigators need to consider.

Crossclaims are typically associated with trial court proceedings, where defendants bring claims against co-defendants in the same lawsuit. However, the implications of crossclaims can extend beyond the trial court, affecting the appeal process in significant ways. In appellate courts, crossclaims may influence the scope of the issues being appealed, the legal arguments presented, and even the outcome of the case.

This article explores how crossclaims factor into the appellate process, outlining when they matter, how they are handled, and the strategic considerations litigators must keep in mind when dealing with crossclaims in appeals.

1. Crossclaims and the Appellate Scope of Issues

✅ How crossclaims shape the scope of an appeal:
When a case with crossclaims moves to the appellate level, the crossclaims can significantly impact the scope of the appeal. Appellate courts review the issues raised in the appeal, but if a crossclaim has been filed, it may broaden the issues the appellate court must consider. For example, if the defendant appeals a judgment in their favor, but the co-defendant has filed a crossclaim, the appellate court may need to address both the original claim and the crossclaim to provide a complete resolution.
Example:
“If a defendant wins a breach of contract case at trial, but a co-defendant’s crossclaim for indemnity is also involved, the appellate court may need to consider both the original claim and the crossclaim on appeal, even though the plaintiff was the primary party involved.”
🎯 Tip: When filing an appeal, ensure that all relevant issues, including crossclaims, are properly preserved for appellate review.

2. Crossclaims as a Basis for Counter-appeals

✅ Crossclaims and counter-appeals in appellate cases:
In some situations, a crossclaim can serve as the basis for a counter-appeal. If a party is not satisfied with the trial court’s ruling on their crossclaim, they may file a counter-appeal even if they were not the original appellant. This can expand the scope of the appellate review and create an opportunity for both the original appeal and the crossclaim to be reconsidered by the appellate court.
Example:
“If a defendant wins their appeal on the primary claim but loses the trial on a crossclaim, they may file a counter-appeal to challenge the lower court’s decision on the crossclaim, even though they were not the original appellant.”
🎯 Tip: Be strategic when considering whether to file a counter-appeal on a crossclaim, as it can influence the final resolution of the case.

3. Crossclaims and Appellate Jurisdiction

✅ How crossclaims affect appellate jurisdiction:
Appellate jurisdiction is limited to reviewing final decisions of the trial court, but the inclusion of crossclaims can sometimes complicate matters. In certain cases, appellate courts may review decisions involving crossclaims even if the underlying case has not been fully resolved. This can occur if the crossclaim is considered an essential part of the case, and its resolution is needed to determine the outcome of the original dispute.
Example:
“If a co-defendant’s crossclaim for contribution is unresolved at trial, but the original judgment is appealed, the appellate court may choose to review the crossclaim as part of the appeal, even if it was not a primary issue at trial.”
🎯 Tip: Pay attention to the appellate court’s jurisdictional rules to determine whether crossclaims will be considered as part of the appeal.

4. Preserving Crossclaims for Appeal

✅ Ensuring crossclaims are preserved for appellate review:
To preserve a crossclaim for appeal, the party filing the crossclaim must ensure that it was properly raised at the trial level, argued effectively, and ruled upon by the trial court. If the crossclaim was not addressed at trial or was dismissed prematurely, it may be difficult to raise it on appeal. Additionally, parties should ensure that the crossclaim is properly documented in the record for the appellate court’s review.
Example:
“If a defendant files a crossclaim for indemnity and it is dismissed during the trial, they must ensure that the dismissal is preserved in the trial record by making appropriate motions or objections to preserve the issue for appeal.”
🎯 Tip: Be proactive in ensuring that crossclaims are properly argued and documented at trial, so they can be effectively raised on appeal if necessary.

5. Crossclaims and the Appellate Court’s Review of Evidence

✅ How crossclaims influence the appellate court’s review of evidence:
In appellate proceedings, the appellate court generally does not consider new evidence or reevaluate factual issues. However, if a crossclaim is involved, the appellate court may review the evidence presented at trial that relates to the crossclaim to determine whether the trial court made an error in its factual findings or legal conclusions. This can lead to a broader review of the case than would otherwise occur in an appeal of a single claim.
Example:
“If a defendant appeals the trial court’s decision on their claim, but a crossclaim was filed by a co-defendant that affects the overall liability distribution, the appellate court may need to review evidence related to the crossclaim to make a final determination.”
🎯 Tip: Be mindful that crossclaims may require the appellate court to review the factual record more broadly, potentially influencing the final decision.

6. The Impact of Crossclaims on Settlement During Appeal

✅ Using crossclaims as leverage in settlement negotiations during appeal:
In multi-party litigation, the presence of crossclaims can create opportunities for settlement during the appeal process. Crossclaims may be used as leverage to force settlements, particularly if the appellant is willing to drop or settle their crossclaim in exchange for favorable terms. This dynamic can influence the strategic decisions of both parties during the appellate process.
Example:
“If a defendant appeals a judgment but the co-defendant has filed a crossclaim for indemnity, both parties may choose to settle the crossclaim during the appeal process to avoid the risk of a prolonged legal battle and to focus on resolving the primary dispute.”
🎯 Tip: Consider the role of crossclaims in settlement discussions during the appeal process, as they can provide leverage for resolving the case more efficiently.

7. Strategic Considerations for Crossclaims in Appeals

✅ Strategic use of crossclaims during an appeal:

• Leverage in settlement: Crossclaims can provide leverage in settlement negotiations, especially during the appeal process. If a party is appealing a judgment, the crossclaim may be used to exert pressure for a favorable settlement.

• Narrowing the issues on appeal: By strategically raising crossclaims in the appeal, parties may be able to narrow the issues that the appellate court must address, potentially leading to a faster resolution.

• Expanding the appeal: Crossclaims can broaden the scope of the appeal and ensure that all relevant issues are considered by the appellate court, which could lead to a more favorable outcome for the party filing the crossclaim.
  Example:
  “A defendant in an employment dispute may use a crossclaim for wrongful termination in an appeal to broaden the scope of the appeal and increase the chances of getting the case remanded for further proceedings.”
  🎯 Tip: Use crossclaims strategically to manage the scope of an appeal, whether to broaden or narrow the issues for the appellate court’s review.

8. Sample Scenario: Crossclaims in an Appeal

Scenario:
A defendant appeals a judgment in a personal injury case, arguing that they were not liable for the plaintiff’s injuries. The co-defendant has filed a crossclaim for indemnification, which could impact the appellate court’s review of the case.

Step 1: Ensure that the crossclaim was properly raised at trial and preserved for appeal.
Step 2: Include the crossclaim as part of the appeal and argue that the crossclaim is integral to the final resolution of the case.
Step 3: Prepare evidence and legal arguments for the appellate court to review both the original claim and the crossclaim to ensure the case is resolved comprehensively.

🎯 Tip: Be prepared to demonstrate how the crossclaim affects the overall outcome of the case and the legal issues on appeal.

Final Thoughts

Crossclaims are not just a tool for trial courts—they can significantly affect the appeal process. By understanding how crossclaims influence the scope of appellate review, the legal arguments presented, and the potential for settlement during appeal, litigators can use this tool strategically to impact the final outcome of their case.

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