Legal Definitions - cross-appeal

A cross-appeal occurs when a party who won some, but not all, aspects of a lower court's decision, and is now responding to an appeal filed by the losing party, decides to also ask the higher court to review certain parts of that same lower court decision. Essentially, if one party (the "appellant") initiates an appeal to challenge a lower court's ruling, the opposing party (the "appellee") can then file a cross-appeal if they also wish to challenge a different aspect of that same ruling.

The key point is that the appellee isn't just defending the lower court's decision; they are actively seeking a change or review of a specific part of it that they believe was incorrect or unfavorable to them. It's a way for both sides to present their grievances with the original judgment to the appellate court simultaneously.

Here are some examples illustrating a cross-appeal:

• Example 1: Personal Injury Lawsuit

  Imagine a car accident case where a jury finds the defendant partially at fault and awards the injured plaintiff $100,000 in damages. The plaintiff had asked for $500,000. The defendant, unhappy with being found liable, files an appeal, arguing that they were not at fault. The plaintiff, while pleased to have won some damages, believes the $100,000 award was too low given their injuries. In response to the defendant's appeal, the plaintiff files a cross-appeal, asking the higher court to review the amount of damages awarded and increase it. This illustrates a cross-appeal because the plaintiff (appellee) is not just defending the $100,000 award but is actively seeking a change to it.

• Example 2: Contract Dispute Between Businesses

  A software company sues a client for breach of contract, claiming $1 million in unpaid fees and seeking specific performance (forcing the client to complete certain actions). The trial court rules that the client did breach the contract but awards the software company only $500,000, denying the request for specific performance. The client, believing they did not breach the contract at all, files an appeal. The software company, while satisfied with the breach finding, is disappointed by the lower damage award and the denial of specific performance. The software company then files a cross-appeal, asking the appellate court to increase the damages to $1 million and to grant the specific performance remedy. Here, both parties are challenging different parts of the same judgment.

• Example 3: Employment Discrimination Case

  An employee sues their former employer for wrongful termination and gender discrimination. The trial court finds in favor of the employee on the discrimination claim but denies the wrongful termination claim, awarding the employee two years of back pay. The employer appeals the finding of gender discrimination. The employee, while happy about the discrimination finding, believes they should have also won on the wrongful termination claim and received more back pay. The employee then files a cross-appeal, asking the higher court to reverse the denial of the wrongful termination claim and to increase the amount of back pay awarded. This demonstrates how an appellee can use a cross-appeal to challenge aspects of a decision that were unfavorable to them, even if they partially prevailed in the lower court.