Topic
Declaratory Judgment
291 published works
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…
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…
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…
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…
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…
Blaneys Appeals
COURT OF APPEAL SUMMARIES (JANUARY 13 – JANUARY 17, 2020)
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…
A Lawyer's Blog
THE RETURN OF YELLOWSTONE
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…
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…
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…
Supreme Court Update
MedImmune, Inc. v. Genentech, Inc. (05-608), Norfolk Southern Railway Co. v. Sorrell (05-746) and order list
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…