Topic
Declaratory Judgment
291 published works
Insurance Law Hawaii
No Coverage Defenses After Two-Year Delay to Appear In Declaratory Judgment Action
The federal district court found that the insurer was estopped from asserting coverage defenses after taking no action for two years before appearing in a declaratory judgment action…
Biosimilars Law Bulletin
District Judge Dismisses Amgen’s Declaratory Judgment Suit Over Avastin® Biosimilar
On February 2, 2018, U.S. District Judge George H. Wu granted Genentech’s motion to dismiss a complaint brought by Amgen in the Central District of California seeking a declaratory judgment…
New York Commercial Division Practice
Which Statute of Limitations Applies to Your Declaratory Judgment Action?
So your client wants you to file a declaratory judgment action, but you are unsure of whether the applicable statute of limitations has expired. But what is the applicable statute…
Oregon Intellectual Property Blog
Seed companies in trademark dispute over MINICLOVER vs. MICROCLOVER for clover seeds
The plaintiff in this declaratory judgment action, Outsidepride.com, Inc., seeks a declaration that its MINICLOVER trademark has not infringed the defendant’s rights in its MICROCLOVER® branded clover seed. Outsidepride.com, Inc. v.…
Delaware Corporate & Commercial Litigation Blog
Chancery Enforces Choice of Law Clause
In connection with a recent decision granting a declaratory judgment to recognize the terms of and to enforce a loan, the Court of Chancery in the matter of Standard General…
Incontestable Blog
Threat of TTAB Cancellation Proceeding Insufficient To Establish Case or Controversy
The District of Maryland ruled that the mere threat of a TTAB cancellation proceeding is not sufficient to create a case or controversy to allow the trademark owner to bring…
Drug & Device Law
M.D. PA Declines to Dismiss Monitoring/Declaratory Judgment Action vs. Blood Temperature Regulation Device
We thought we were on a winning streak on medical monitoring. In August, we blogged about plaintiff lawyers stumbling in their efforts to walk the not-quite-yet-injury line. https://www.druganddevicelawblog.com/2017/08/monitoring-the-death-of-medical-monitoring.html In September,…
Property Insurance Coverage Law Blog
Insurer’s Declaratory Judgment Action After Denial May Be Untimely
Often, we will receive a telephone call from an insured advising us they have been sued by the insurance company. The insurer has filed a lawsuit seeking a declaration that…
The Trademark Blog
Fish vs Fish
Fish IP Law firm seeks declaratory judgment against Fish and Richardson. [embeddoc url="https://martinschwimmer.lexblogplatformfour.com/wp-content/uploads/sites/833/2017/09/fish-v-fish-1.pdf"]
Wiley Executive Summary
Insurer’s Allegations that Declaratory and Injunctive Relief Are Not Covered Loss Survive Motion to Dismiss
The United States District Court for the Northern District of California has denied an insured’s motion to dismiss an umbrella insurer’s declaratory judgment action. Great American Ins. Co. v. Quintana…