Multiplicity of Actions

Multiplicity of Actions

Several unnecessary attempts to litigate the same claim or issue.

The law strongly disfavors multiplicity of actions because of the public policy to promote judicial efficiency and to furnish speedy relief to an injured party. The rule against splitting a claim provides that if a plaintiff sets forth only certain aspects of the Cause of Action in a complaint, he or she will be barred from raising the remaining aspects in a subsequent suit. If the plaintiff sues upon any portion of a particular claim, all other aspects of the claim are merged in this judgment if the plaintiff wins and are barred if the plaintiff does not win. For example, a plaintiff who claims $10,000 due under a single, indivisible contract and files two separate suits, for $5,000 each, will be permitted to litigate only the first suit, since the contract claim is a single cause of action.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
We believe, moreover, that the unnecessary multiplicity of actions was an abuse that colored Rangarajan's entire litigation efforts.
He urged the court to dismiss Kashamu's suit as it failed to disclose any cause of action against AGF, for violation of his rights and that the multiplicity of actions continuously filed and maintained by the applicant against NDLEA is intended to annoy and divert its energy and attention from discharging its mandate to the nation.
"To rule that there is multiplicity of actions would run counter to that fundamental rule that venue is jurisdictional in criminal cases.
"The multiplicity of actions on the same matter between the same parties even where there exists a right to bring the action is regarded as an abuse," said Justice Mativo.LITIGATIONEven though the two firms filed their cases separately before they were later consolidated into one, the judge pointed out that the suits simply from the same set of facts and circumstances hence sought similar reliefs.
Overall my profession, through the RICS, welcomes the Lyons Housing Review but we need a multiplicity of actions in a long-term budgeted and resourced plan to meet the challenge.
Modern research has demonstrated a multiplicity of actions attributable to these compounds in tienchi ginseng including hypoglycemic, hypolipidemic, immunostimulatory, antitumor, anti-inflammatory, analgesic, antioxidant, hemostatic, antithrombotic, antiatherosclerotic, fibrinolytic, antiarrhythmic, hypotensive, estrogen like and even sperm motility enhancing effects.
Through my involvement in a literature review on the linkages between health and the built environment in a Canadian context (Tucs and Dempster 2007), I have been struck by the range and diversity of research relevant to this topic--a range and diversity that necessarily points to the multiplicity of knowledges that need to be integrated into planning and the subsequent multiplicity of actions that will be required to positively impact public health.
A multiplicity of actions for essentially the same factual and legal concern would inevitably occur when the quantum of damages may be the only true issue in dispute.
He held that the suit filed by Idowu Otetubi and Gani Mohammed Ajowa was an abuse of court process, saying that it constitutes the multiplicity of actions by the same claimants before different courts.
'We view this stunt as another abuse of court process, multiplicity of actions and forum shopping to again harass, bully and humiliate the Chief Justice because they know that the impeachment case against her is fatally defective and is bound to fail,' they added.
"The multiplicity of actions on the same matter between the same parties even where there exists a right to bring the action is regarded as an abuse," said High Court Judge John Mativo on Thursday in his ruling that dismissed SportPesa's appeal.Even though the two firms filed their cases separately, before they were later consolidated into one, the judge pointed out that the suits simply arose from the same set of facts and circumstances hence sought similar reliefs.
Through my involvement in a literature review on the linkages between health and the built environment in a Canadian context (Tucs and Dempster 2007), I have been struck by the range and diversity of research relevant to this topic - a range and diversity that necessarily points to the multiplicity of knowledges that need to be integrated into planning and the subsequent multiplicity of actions that will be required to positively impact public health.