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Declaratory Judgment

291 published works

  1. New England IP Blog

    Wisp of a Possibility of Gas Kit Lawsuit May Establish Declaratory Judgment Jurisdiction

    By Hang (Helena) Zheng

    In a recent case concerning propane gas kits used as an alternative fuel conversion system, the District of Massachusetts found that declaratory judgment jurisdiction exists, even though the parties in the case had entered…

  2. ContractsProf Blog

    Contract Interpretation by Market Muscle: Gogo Caves and American Airlines Nonsuits

    By Mark Burge

    Well THAT was fast--apparently faster than Gogo's in-flight internet service. American Airlines has nonsuited (i.e., dismissed without prejudice to refilling the lawsuit) its declaratory judgment claim against Gogo. American had recently asked…

  3. ContractsProf Blog

    American Airlines v. Gogo: A Contract Litigation Object Lesson?

    By Mark Burge

    American Airlines wants out of its 2012 contract with Gogo to provide internet service for about 200 of American's planes.  The Fort Worth Star-Telegram reports on the airline's use of…

  4. Wills, Trusts & Estates Prof Blog

    Article On The Use Of Declaratory Judgements And No-Contest Clauses

    By Gerry W. Beyer

    Joseph J. Viviano (Foster Swift Collins & Smith PC) recently published an article entitled, The Use of Declaratory Judgments to Test the Enforceability of No-Contest Clauses, 50 Real Prop. Tr. & Est.…

  5. Chicago IP Litigation

    First-Filed Declaratory Suit Dismissed in Favor of “Coercive” Suit

    By R. David Donoghue

    Channel Clarity, Inc. v. Optima Tax Relief, LLC, 14 C 8945, Slip Op. (N.D. Ill. Feb. 18, 2015) (Durkin, J.). Judge Durkin granted declaratory judgment defendant Optima’s Rule 12(b) motion…

  6. Delaware Chancery Law Blog

    Section 205 Actions Further Clarified

    By Fox Rothschild LLP

    Section 205 of the DGCL provides the Court of Chancery with broad powers to fashion declaratory and other appropriate remedies, and specifies considerations to be weighed by the Court of Chancery…

  7. Wiley Executive Summary

    Insurer’s Suit for Declaration that Multiple Claims Constitute a Single Claim Must Await Resolution of Insured’s Liability

    By Nicole Audet Richardson

    A federal district court in Alabama has dismissed as “premature and unripe” an insurer’s suit for a declaration that multiple claims against its insured pharmacist constituted a single claim because…

  8. Wiley Executive Summary

    Insurer’s Declaratory Judgment Action Stays in Federal Court Despite Parallel State Court Proceeding Initiated by Insured

    By Nicole Audet Richardson

    A federal district court in Virginia has denied an insured’s motion to dismiss or stay an insurer’s declaratory judgment coverage action in favor of the insured’s parallel state court coverage…

  9. Compensation & Benefits Blog

    Plan Administrator’s ERISA Declaratory Judgment Action Dismissed for Lack of Jurisdiction

    By Joseph Clark

    After a top-hat plan and pension plan denied a participant’s claims and appeals for additional benefits, the plan administrators preemptively filed a declaratory judgment action, seeking a declaration that:  (i) termination…

  10. Nonprofit Law Prof Blog

    SFC working group, business tax reforms

    By nonprofitlawprof

    Last week the Senate Finance Committee released reports on tax reform from its various bipartisan working groups. The Business Tax Working Group Report, A-68 to A-75, had three “options” relevant to…