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Declaratory Judgment

291 published works

  1. Zalma on Insurance

    Employee Exclusion Enforced in Montana

    By Barry Zalma

    Clear & Unambiguous Exclusions Defeat Plaintiffs Claims Taking an assignment of a claim against an insurer for a defendant can be the only way to collect a judgment when then…

  2. Property Insurance Coverage Law Blog

    Coronavirus Insurance Coverage Update March 30—Choctaw and Chickasaw Nations File for Declaratory Relief in Oklahoma

    By Chip Merlin

    Reggie Whitten and Michael Burrage filed lawsuits on behalf of the Choctaw and Chickasaw Nations in Oklahoma state court.1 The actions are similar to the declaratory judgment actions filed by…

  3. 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…

  4. Intellectual Property Law Blog

    Federal Circuit Makes It More Difficult for Accused Infringers to File Declaratory Judgment Actions

    By Robert Masters, Jonathan DeFosse

    In its March 13, 2020 decision in Communications Test Design, Inc. v. Contec, LLC, the Federal Circuit highlighted the obstacles that an accused infringer faces in filing a declaratory judgment…

  5. Zalma on Insurance

    Reservation of Rights Avoids Claims of Estoppel

    By Barry Zalma

    Insurer that Defends Under Reservation May Withdraw Defense and Avoid Claims of Estoppel and Bad Faith Kentucky Farm Bureau  (Farm Bureau) defended its insured (Walters) giving Walters timely notice that…

  6. Blaneys Appeals

    COURT OF APPEAL SUMMARIES (JANUARY 13 – JANUARY 17, 2020)

    By John Polyzogopoulos

    Jump To: Table of Contents | Civil Decisions | Criminal Decisions  Hello again. There were only two substantive civil decisions this week. One was a residential tenancy matter. The other…

  7. A Lawyer's Blog

    THE RETURN OF YELLOWSTONE

    By Jon Michael Probstein Esq.

    Awaiting signature by the Governor is S5614 which adds a new section 235-h to the real property law and prohibits commercial leases from including a waiver of the right to…

  8. Intellectual Property Trends

    Is Your Cease and Desist Merely a Bluff?

    By Peggy Keene

    The use of cease and desist letters are common tools for intellectual property counsel to use to ward off potential infringers as well as to assert rights in particular trademarks.  Some…

  9. Wiley Executive Summary

    Declaratory Judgment Pleading and Allocation: Don’t Demand “All or Nothing” Unless You Really Mean It

    By Hume Ross

    The United States Court of Appeals for the Eighth Circuit, applying Federal procedural and Minnesota substantive law, affirmed a district court’s conclusion that insured corporate directors failed to carry their…

  10. Supreme Court Update

    MedImmune, Inc. v. Genentech, Inc. (05-608), Norfolk Southern Railway Co. v. Sorrell (05-746) and order list

    By Wiggin and Dana

    Greetings, Court Fans, and Happy New Year!   After being away for almost a month, the Court was busy this week, issuing four new opinions and granting cert in seven…