Topic
Declaratory Judgment
291 published works
New England IP Blog
Wisp of a Possibility of Gas Kit Lawsuit May Establish Declaratory Judgment Jurisdiction
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…
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…
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…
Wills, Trusts & Estates Prof Blog
Article On The Use Of Declaratory Judgements And No-Contest Clauses
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.…
Chicago IP Litigation
First-Filed Declaratory Suit Dismissed in Favor of “Coercive” Suit
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…
Delaware Chancery Law Blog
Section 205 Actions Further Clarified
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…
Wiley Executive Summary
Insurer’s Suit for Declaration that Multiple Claims Constitute a Single Claim Must Await Resolution of Insured’s Liability
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…
Wiley Executive Summary
Insurer’s Declaratory Judgment Action Stays in Federal Court Despite Parallel State Court Proceeding Initiated by Insured
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…
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…
Nonprofit Law Prof Blog
SFC working group, business tax reforms
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…