Statute
Declaratory Judgment Act
25 published works
PrawfsBlawg
D.C. Circuit has a busy day
Main Monday, August 31, 2020D.C. Circuit has a busy dayAs has been widely discussed, today is Judge Griffith's last day on the court, so it wanted to get some things…
Insurance Law Hawaii
Court Stays Coverage Action Filed under Declaratory Judgment Act
The federal district court, district of Hawaii, stayed the coverage action to allow the underlying state court action to proceed, United States Fire Ins. Co. v. Prieto, 2020 U.S.…
Property Insurance Coverage Law Blog
Coronavirus Insurance Coverage Law Update March 28–The French Laundry Declaratory Judgment Lawsuit and Farmers “Contamination” Coverage for Restaurants
By Chip Merlin
The French Laundry coronavirus lawsuit was noted in yesterday’s post, Coronavirus Insurance Coverage Update March 27—The French Laundry Files Suit Against Its Insurer Over Coronavirus Business Closure Claim Denial. John…
Zalma on Insurance
Forum Shopping Fails
By Barry Zalma
Presumption of Need for State Declaratory Relief Action Requires Federal Court to Refuse Jurisdiction Like every lawyer who ever practiced law I would prefer the judge to be my favorite…
Biosimilars Law Bulletin
District Judge Dismisses Amgen’s Declaratory Judgment Suit Over Avastin® Biosimilar
On February 2, 2018, U.S. District Judge George H. Wu granted Genentech’s motion to dismiss a complaint brought by Amgen in the Central District of California seeking a declaratory judgment…
Property Insurance Coverage Law Blog
Insurer’s Declaratory Judgment Action After Denial May Be Untimely
Often, we will receive a telephone call from an insured advising us they have been sued by the insurance company. The insurer has filed a lawsuit seeking a declaration that…
Cannabis
Tenth Circuit Holds Marijuana Dispensary Not Entitled to Injunctions Against IRS
In The Green Solution Retail v. U.S., Case No. 16-1281, 10th Cir, May 2, 2017, the Tenth Circuit agreed with the District Court that a marijuana dispensary was not entitled…
PrawfsBlawg
The Federal Circuit and “Patent Exceptionalism”: Part II
Main Thursday, February 23, 2017The Federal Circuit and "Patent Exceptionalism": Part IIAs discussed in Part I of this series, the Federal Circuit is often criticized for treating patent cases exceptionally,…
New England IP Blog
Wisp of a Possibility of Gas Kit Lawsuit May Establish Declaratory Judgment Jurisdiction
In a recent case concerning propane gas kits used as an alternative fuel conversion system, the District of Massachusetts found that declaratory judgment jurisdiction exists, even though the parties in the case had entered…
Environmental Law Prof Blog
What Shell’s Ninth Circuit Loss Means for Preemptive Lawsuits Under the APA
On Wednesday, the Ninth Circuit issued a ruling in Shell Gulf of Mexico, Inc. v. Center for Biological Diversity, holding that Shell could not use the Declaratory Judgment Act and…