Topic
Declaratory Judgment
291 published works
Chicago IP Litigation
Mirror Image Declaratory Judgment Counterclaims Dismissed as Superfluous
Bodum USA, Inc. v. A Top Casting Inc., No. 16 C 2916, Slip Op. (N.D. Ill. Aug. 23, 2016) (Kennelly, J.). Judge Kennelly granted plaintiff Bodum’s Fed. R. Civ. P.…
New England IP Blog
Lights Out for Invalidity and Unenforceability Counterclaims After PTAB Invalidates Design Patent
By Micah Miller
Flipping the switch on the last remaining claims in the case, a Massachusetts Court recently dismissed as moot two defendants’ counterclaims for declaratory judgment of invalidity and unenforceability following a…
Latham.London
Court Refuses to Grant Declaratory Relief in an Arbitration
By Daniel Harrison A recent Commercial Court case emphasises the limitations on court intervention in arbitration, and demonstrates that parties must think carefully about when and how to raise jurisdictional…
Wiley Executive Summary
Declaratory Judgment Complaint Not Subject to Insurer’s Motion to Dismiss Based on Conversion of Funds Exclusion
A New Jersey federal district court has held that a declaratory judgment and breach of contract action against a professional liability insurer was not subject to dismissal for failure to…
Subject to Inquiry
A Circuit Split is Born. Eleventh Circuit Rules Declaratory Relief and Disgorgement Sought by the SEC Are Subject to 5-Year Statute of Limitations. Injunctive Relief is Not.
On May 26th, the Eleventh Circuit held that declaratory relief and disgorgement sought by the SEC are subject to the 5-year statute of limitations under 28 U.S.C. § 2462, but…
Drug & Device Law
San Francisco vs. The Monster (aka Federal Regulation)
There is a lawyer we worked with at another firm who had a standard move, kind of the way that Jerry Seinfeld had a standard "move" - and, come to…
Hunton Insurance Recovery Blog
Policyholders Can Confirm Coverage Before Underlying Adjudication, Says Eleventh Circuit
The Eleventh Circuit confirmed in First Mercury Insurance Company v. Excellent Computing Distributors, Inc., No. 15-10120 (11th Cir. Apr. 20, 2016), that policyholders need not await adjudication of underlying liability…
Wiley Executive Summary
Claimant Without a Judgment Has No Standing to Bring Declaratory Judgment Action Against Alleged Tortfeasor’s Insurer
A Kentucky federal court has held that a claimant has no standing to bring a declaratory judgment action against her alleged tortfeasor’s insurer where the claimant has yet to obtain…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 11 – Volume 38 – Declaratory Relief
By Barry Zalma
Declaratory Relief Although lawyers and insurers believe that the filing of a declaratory relief action to determine coverage is a means of avoiding charges of bad faith, it can be…
Delaware Intellectual Property Litigation
Judge Robinson Denies Non-Practicing Entity Defendant’s Motion to Dismiss Declaratory Judgment Action for Lack of Subject Matter Jurisdiction
By Memorandum Order entered by The Honorable Sue L. Robinson in Draeger Medical Systems, Inc. v. My Health, Inc., Civil Action No. 15-248-SLR (D.Del., March 3, 2016), the Court denied…