PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Splitting Causes of Action
5 Cards On This Topic:

If action begun in fed. ct., which declines to exercise pendent jurisdiction over related state claim, P’s proceeding in fed. ct. on fed. claim alone will result in splitting P’s cause of action.

Cause of action may not be split even if new case requests different relief or proceeds under new legal theory.

P who brought suit in fed. ct. but failed to ask ct. exercise pendent jurisdiction over state claim may not then bring action in state ct. on state cause of action.

Party may not split single cause of action making it basis for separate suits.

Splitting causes of action is an affirmative defense and is waived unless pled.