Topic
Declaratory Judgment
291 published works
Drug & Device Law
Insurer Declaratory Action: To Stay or Not to Stay?
This month’s edition of For the Defense magazine focuses on insurance law. That makes sense. It is difficult to do much defending without bumping against insurance issues. Our torts professor constantly emphasized the…
California Peculiarities Employment Law Blog
Sticking up for Their Rights: Employers Taking the Offensive
By Seyfarth Shaw LLP, Seyfarth Shaw LLP
By David Kadue The traditional posture of California employers apprehensive about “gotcha” wage and hour claims is to hunker down and wait for the next lawsuit. But a few brave…
Workforce Bulletin
Chicago District Judge Issues Primer On Declaratory Judgment Actions Regarding The Enforceability Of Non-Compete Agreements
My colleague Peter Steinmeyer published a post on the Trade Secrets and Noncompete Blog that will be of interest to many of our readers: “Chicago District Judge Issues Primer On…
Trade Secrets & Employee Mobility
Chicago District Judge Issues Primer On Declaratory Judgment Actions Regarding The Enforceability Of Non-Compete Agreements
Last week, Chicago district judge Charles Kocoras dismissed a declaratory judgment action challenging the enforceability of a facially broad form non-compete agreement signed by all employees of the Jimmy John’s…
Massachusetts Land Use Monitor
Appeals Court Panel Refuses To Narrow Declaratory Judgment Remedy For Zoning Disputes
By Donald Pinto
In a recent "unpublished" decision in Cohen v. City of Somerville (pdf), an Appeals Court panel confirmed that M.G.L. c. 240, § 14A - which allows a landowner to obtain a judicial declaration of…
Sixth Circuit Appellate Blog
Sixth Circuit Reviews the Contours of Jurisdiction in Declaratory Judgments
Earlier this week, the Sixth Circuit upheld a Michigan district court’s decision that a commercial general-liability insurance policy did not cover a short-term worker injured at a farmer’s market in…
Patent Challenges
PTAB interprets the scope of the declaratory judgment bar for IPR petitions
In Ariosa Diagnostics v. Isis Innovation Limited, the PTAB ruled that filing a civil action for declaratory judgment of noninfringement and asserting an affirmative defense of invalidity do not bar…
Wiley Executive Summary
“No Direct Action” Rule Bars Claimant’s Declaratory Judgment Claim Against Insurer
The Texas Supreme Court has ruled that the state’s “no direct action” rule barred a personal injury claimant from suing an insurer until the insurer’s legal obligation to pay damages…
Environmental Law Prof Blog
Ninth Circuit Holds Shell Cannot Bring Preemptive APA Suit Against Environmental Groups
On November 12, the Ninth Circuit (Farris, Nelson, Nguyen) issued a decision in Shell Gulf of Mexico Inc. v. Center for Biological Diversity. This case after the Interior Department’s Bureau…
Wiley Executive Summary
Federal Court Declines to Put Coverage Litigation on Hold
A federal district court in Washington has denied two insureds’ motions to abstain or stay a declaratory judgment action brought by their insurer, finding that concurrent adjudication would not require…