Also known as: multiplicity of suit · multiple suits · multiplicity
Written by attorneys · grounded in primary & secondary sources — see below
An equitable consideration favoring injunctive relief when repeated or continuing wrongful conduct would otherwise force the plaintiff to bring successive actions at law for damages. The factor weighs the burden of multiple suits against the adequacy of a damage remedy and supports granting an injunction to resolve the entire controversy in one proceeding.
Maya Malik owns farmland adjacent to Midwest Airlines' maintenance yard. Airline employees repeatedly drive service vehicles across her fields to reach a back gate, compacting soil and damaging crops each week. Maya sues for trespass and seeks an injunction. The court weighs the cost of repeated damage actions against the single equitable proceeding and grants the injunction because damages would require a multiplicity of suits.
Malcolm McKinley and neighboring homeowners sue Atlantic Cement for ongoing dust and vibration from its plant. The trial court refuses an injunction on public-interest grounds but awards permanent damages. The appellate court affirms that equity may award complete relief in one action to prevent a multiplicity of suits for recurring nuisance harms.
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Beacon Theatres sues Westover for declaratory and injunctive relief under antitrust laws. Westover moves to strike the jury demand. The Supreme Court holds that the adequacy of legal remedies must be assessed before equity proceeds, noting that a single equitable action can avoid a multiplicity of suits that would otherwise arise from piecemeal damage claims.
Lorillard Tobacco challenges state regulations restricting outdoor advertising near schools. Multiple retailers and manufacturers file parallel suits seeking declaratory and injunctive relief. The Court recognizes that a single proceeding can resolve the constitutional issues for all parties and thereby avoid a multiplicity of suits.
Matthew Martinez sues his former employer for breach of an implied contract and tortious discharge. The employer argues the claims belong in arbitration. The court notes that allowing separate actions would produce a multiplicity of suits and therefore channels the related claims into a single proceeding.
Residents of the Town of Greece sue town officials over the practice of opening board meetings with sectarian prayers. Multiple plaintiffs file overlapping complaints. The Court consolidates the actions, observing that a single suit prevents a multiplicity of suits that would otherwise burden both the court and the municipality.
The cost supports an injunction when repeated or continuing tortious acts would otherwise require the plaintiff to bring successive damage actions. Courts treat the burden of multiple suits as a factor showing that damages are an inadequate remedy.
Supporting sources
When a public nuisance affects many landowners, an injunction may be granted to one plaintiff because the relief benefits all and thereby avoids a multiplicity of suits for small damages that would otherwise burden the court and the defendant.
Supporting sources
No. The factor applies whenever repeated wrongful conduct would force successive damage actions, including recurring nuisances and other continuing torts. Equity may intervene to provide complete relief in one proceeding.
Supporting sources
…to the appellee. This is upon the general equitable principle that equity will give full relief in one action and prevent a multiplicity of suits” (pp. 353-354). It was held that in this type of continuing and recurrent nuisance permanent damages were appropriate. See, also, City of Amarillo v. Ware (120 Tex. 456) where recurring…