Please ensure Javascript is enabled for purposes of website accessibility

Claim Splitting Ban

By: Derek Hawkins//May 5, 2020//

Claim Splitting Ban

By: Derek Hawkins//May 5, 2020//

Listen to this article

7th Circuit Court of Appeals

Case Name: Rexing Quality Eggs v. Rembrandt Enterprises, Inc.,

Case No.: 19-2146

Officials: WOOD, Chief Judge, and HAMILTON and SCUDDER, Circuit Judges.

Focus: Claim Splitting Ban

This case is the second to arise out of an ill-fated relationship between Rexing Quality Eggs and Rembrandt Enterprises, Inc. The first case addressed various claims arising under a contract that the two parties formed at the outset of their business dealings. Although this case arises out of the same transaction, this time Rexing, the plaintiff, has raised tort claims. The question on appeal is whether its effort to bring a new action is consistent with Indiana’s prohibition on claim splitting, under which a plaintiff is forbidden to bring a case presenting claims that arise out of the same transaction or events that underlie claims brought in another lawsuit. We hold that the claim-splitting ban applies here, and so we affirm the district court’s judgment.

Affirmed

Full Text


Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests