Second lawsuit between parties was improper claim splitting

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted May 12, 2020 10:13 AM

Today’s 7th U.S. Circuit Court of Appeals case explains the federal common rule and Indiana state rule against claim splitting. The court said Indiana’s rule looks for “identical evidence” — the “same general evidence which would be used to adjudicate both or all claims” — and explained when two suits involve impermissible claim splitting.In Rexing Quality Eggs v. Rembrandt Enterprises Inc., 2020 WL 1467213 (7th Cir. 2020), Rembrandt Enterprises Inc., an egg producer, contracted with Rexing Quality Eggs, a distributor of …

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