Topic
Declaratory Judgment
291 published works
Florida IP
Do You Need To Threaten Litigation To Trigger Declaratory Judgment Subject Matter Jurisdiction?
No.Erbaviva, LLC, a California LLC, sent a demand letter to Era Organics, a Florida company. The letter identified a number of Erbaviva federal trademark registrations, and "request[ed]" Era Organics:Request the…
Legal Profession Blog
“Certify Your Own Stupidity”
A recently-filed complaint of the Illinois AdministratorCount One1. At all times alleged in this complaint, Respondent represented the plaintiff, William Green ("Green"), in a complaint for declaratory judgment related to…
Constitutional Law Prof Blog
Fifth Circuit Dismisses Texas’s Plea for Declaratory Relief on Anti-Sanctuary Bill
The Fifth Circuit dismissed Texas's case seeking a declaration that its anti-sanctuary-city bill, SB4, did not violate the Constitution. The ruling follows its opinion earlier this year upholding most of…
New York Commercial Division Practice
“Unnecessary and Inappropriate”: The declaration no one wanted
Your client wants to recover damages for breach of contract and demands that you assert as many causes of action as possible. In addition to the breach cause of action,…
PrawfsBlawg
The return of Skelly Oil and the Well Pleaded Complaint
Main Tuesday, July 17, 2018The return of Skelly Oil and the Well Pleaded ComplaintMGM Resorts and affiliated companies, owner of the Mandalay Bay Resort and the adjacent fairgrounds at which…
The Fiduciary Litigator
Court Discusses The Texas Rules For Superseding Declaratory Relief In A Trust Dispute
In In the Interest of K.K.W., a father and mother, who were settlors, filed competing claims regarding the interpretation of a trust for their son. No. 05-16-00795-CV, 2018 Tex. App.…
New England IP Blog
Complaint Sheltered From Dismissal In Patent Row Over Personal Tents
A recent opinion from Judge Shea in the District of Connecticut sheds important light on the sufficiency of pleadings in declaratory judgment patent cases. Noting that declaratory judgment actions are of…
New England IP Blog
Electronic Return Receipt Patent Dispute Dubbed “Exceptional Case” After Summary Judgment Award
In the long-standing patent dispute between Sophos and RPost, Judge Casper recently issued the oft-sought but rarely received award of attorneys’ fees, after finding that the case was “exceptional.” The…
Biosimilars Law Bulletin
AbbVie Loses Battle to Drop Royalties on Blockbuster Humira®
Last week, the Federal Circuit affirmed a lower court’s dismissal of AbbVie’s complaint seeking declaratory judgment of invalidity of U.S. Patent No. 6,248,516 (“the ’516 patent”) owned by Astra Zeneca…
Insurance Law Blog
Developer Had No Right to Independent Counsel Based on a Possible Conflict of Interest for Carrier-Appointed Counsel
Centex Homes, et al. v. St. Paul Fire and Marine Insurance Company, -- Cal.Rptr.3d --, 2018 WL 494749 (Jan. 22, 2018), Third Appellate District Court of Appeal, Case No. C081266.…