Skip to main content

Topic

Declaratory Judgment

291 published works

  1. N.D.Pa.L.

    Failure to Join Hatch-Waxman Exclusive Licensee Required Dismissal

    By NDPaL Blog Team

    Pharmaceutical Hatch-Waxman litigation proceeds under a unique framework.  In this case, Hatch-Waxman declaratory judgment (“DJ”) defendants Gilead Sciences, Inc. (“Gilead”) and Astellas Pharma US, Inc. (“Astellas Pharma”) sought to dismiss…

  2. Colorado Construction Litigation

    MIND THE APPEAL OR: A LESSON FROM AUTO-OWNERS INSURANCE CO. v. BOLT FACTORY LOFTS OWNERS ASSOCIATION, INC. ON TIMING INSURANCE BAD FAITH AND DECLARATORY JUDGMENT INSURANCE CLAIMS FOLLOWING A NUNN-AGREEMENT

    By Unknown

    By Jean MeyerOn May 30, 2019, Judge Richard Brooke Jackson of the United States District Court for the District of Colorado offered an insightful lesson to the parties in Auto-Owners…

  3. Maine Appeals

    When are declarations independent?

    By Joshua D. Dunlap

    The Law Court recently decided a Rule 80B case and so, of course we must discuss. Cape Shore House Owners Association v. Town of Cape Elizabeth,  https://www.courts.maine.gov/opinions_orders/supreme/lawcourt/2019/19me086.pdf. The facts are…

  4. PrawfsBlawg

    Universal declaratory judgments

    By prawfsblawg@gmail.com

    Main Thursday, May 23, 2019Universal declaratory judgmentsChief Judge Saris of the District of Massachusetts entered a final judgment declaring invalid a Massachusetts law prohibiting surreptitious recording of government officials. This…

  5. Insurance Law Hawaii

    Cross-Claim Against Co-Insureds Dismissed Without Prejudice

    By Tred R. Eyerly

        In a case related to Great Divide Ins. Co. v. Hawaiian Kamali`i, 2019 U.S. Dist. LEXIS 43106 (D. Haw. March 15, 2019) [post here], the Federal District Court…

  6. Tort Talk

    Nonsuit in Declaratory Judgment Action on Coverage Affirmed Based On Definition of "Occurrence"

    By Daniel Cummins

    In the case of Kiely v. Phila. Contrib. Ins. Co., 2019 Pa. Super. 90 (Pa. Super. March 26, 2019 Ott, J., Dubow, J. Stevens, P.J.E.)(Op. by Dubow, J.), the Pennsylvania…

  7. Delaware Corporate & Commercial Litigation Blog

    No Equitable Jurisdiction for This Declaratory Judgment Suit

    By Francis Pileggi

    A recent Delaware Court of Chancery opinion provides a reminder of the limited jurisdiction of Delaware’s court of equity and why not all suits for declaratory judgment satisfy the narrow…

  8. Biosimilars Law Bulletin

    Sandoz Files Declaratory Judgment of Non-Infringement For Filgrastim-Related Patent

    By Seth E. Cockrum

    On February 21, 2019, Sandoz Inc. (“Sandoz”) filed suit against Amgen Inc. and Amgen Manufacturing Limited (collectively “Amgen”) seeking declaratory judgment of non-infringement and invalidity of Amgen’s U.S. Patent No.…

  9. Zalma on Insurance

    Zalma’s Insurance Fraud Letter – February 15, 2019

    By Barry Zalma

    Zalma’s Insurance Fraud Letter   Clear Insurance Policy Language Must Be Applied Zalma’s Insurance Fraud Letter, Volume 23, No. 4    Clear Insurance Policy Language Must Be Applied The Need…

  10. 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…