Topic
Declaratory Judgment
291 published works
N.D.Pa.L.
Failure to Join Hatch-Waxman Exclusive Licensee Required Dismissal
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…
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…
Maine Appeals
When are declarations independent?
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…
PrawfsBlawg
Universal declaratory judgments
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…
Insurance Law Hawaii
Cross-Claim Against Co-Insureds Dismissed Without Prejudice
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…
Tort Talk
Nonsuit in Declaratory Judgment Action on Coverage Affirmed Based On Definition of "Occurrence"
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…
Delaware Corporate & Commercial Litigation Blog
No Equitable Jurisdiction for This Declaratory Judgment Suit
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…
Biosimilars Law Bulletin
Sandoz Files Declaratory Judgment of Non-Infringement For Filgrastim-Related Patent
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.…
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…
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…