Questions on Claim Preclusion/Claim Splitting

Sutcliffe

1. Why did the plaintiff bring four different actions against the US?

2. What is the difference between claim splitting and claim preclusion?

3. Doesn't each action concern a different renewal period for the lease at issue? Why doesn't that make them different claims?

4. What if a defendant does not object to claim splitting and then one action comes to a judgment? May the defendant use claim preclusion to bar the other action? Why would allowing claim preclusion be unfair in such a case? Should issue preclusion still be allowed?

5. Does the defense of claim splitting apply when the claim is split into actions brought in different jurisdictions?