Legal Definitions - cross-error

A cross-error refers to an error identified by an appellee (the party who won in the lower court, or at least is not the primary appealing party) in the trial court's proceedings or judgment. The appellee raises this error in response to the appellant's (the losing party's) appeal.

The purpose of raising a cross-error is not necessarily to overturn the entire judgment, but to argue that if the appellate court decides to reverse or modify the trial court's decision based on the appellant's arguments, then the appellate court should also correct the errors that were unfavorable to the appellee. It's a way for the appellee to protect their interests and ensure that if the case is reconsidered, all relevant errors are addressed.

Here are some examples illustrating the concept of a cross-error:

• Example 1: Personal Injury Lawsuit

  A plaintiff sues a defendant for injuries sustained in a car accident. The jury finds the defendant negligent and awards the plaintiff $250,000 in damages. However, the plaintiff had also sought damages for emotional distress, which the trial judge disallowed due to insufficient evidence. The defendant appeals, arguing that the jury's finding of negligence was not supported by the evidence.

  In response, the plaintiff, as the appellee, raises a cross-error, arguing that the trial judge improperly denied their claim for emotional distress damages. If the appellate court agrees with the defendant and reverses the negligence finding, the plaintiff wants the appellate court to also consider their cross-error regarding emotional distress, so that if the case is sent back for a new trial, the emotional distress issue can be revisited.

• Example 2: Contract Dispute

  Company A sues Company B for breach of a supply contract. The trial court rules that Company B breached the contract and awards Company A $750,000 in monetary damages. Company A had also requested an order for specific performance (requiring Company B to fulfill the contract terms), but the judge denied this, stating that monetary damages were an adequate remedy. Company B appeals, arguing that the court miscalculated the damages and they should be significantly lower.

  Company A, as the appellee, raises a cross-error, contending that the trial court erred in denying their request for specific performance. If the appellate court agrees with Company B and reduces the monetary damages, Company A wants the appellate court to also consider their cross-error, potentially allowing them to pursue specific performance if the reduced monetary award is deemed insufficient.

• Example 3: Employment Discrimination Case

  An employee sues their former employer for wrongful termination and age discrimination. The jury finds in favor of the employee on the wrongful termination claim, awarding them $150,000 in back pay. However, the judge had previously dismissed the age discrimination claim before trial, ruling that the employee failed to present sufficient evidence. The employer appeals the wrongful termination judgment, arguing that the evidence did not support the jury's finding.

  The employee, as the appellee, raises a cross-error, arguing that the trial judge improperly dismissed their age discrimination claim. If the appellate court agrees with the employer and reverses the wrongful termination judgment, the employee wants the appellate court to also review the dismissal of the age discrimination claim, potentially allowing that claim to proceed if the case is remanded for further proceedings.