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Declaratory Judgment

291 published works

  1. Drug & Device Law

    Insurer Declaratory Action: To Stay or Not to Stay?

    By Stephen McConnell

    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…

  2. 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…

  3. Workforce Bulletin

    Chicago District Judge Issues Primer On Declaratory Judgment Actions Regarding The Enforceability Of Non-Compete Agreements

    By John F. Fullerton III

    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…

  4. Trade Secrets & Employee Mobility

    Chicago District Judge Issues Primer On Declaratory Judgment Actions Regarding The Enforceability Of Non-Compete Agreements

    By Peter (Pete) A. Steinmeyer

    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…

  5. 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    In a recent "unpublished" decision in Cohen v. City of Somerville (pdf), an Appeals Court panel confirmed that M.G.L. c. 240, § 14A - which allows a landowner to obtain a judicial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…

  6. Sixth Circuit Appellate Blog

    Sixth Circuit Reviews the Contours of Jurisdiction in Declaratory Judgments

    By Squire Patton Boggs

    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…

  7. Patent Challenges

    PTAB interprets the scope of the declaratory judgment bar for IPR petitions

    By NRF Digital Team

    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…

  8. Wiley Executive Summary

    “No Direct Action” Rule Bars Claimant’s Declaratory Judgment Claim Against Insurer

    By Executive Summary

    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…

  9. Environmental Law Prof Blog

    Ninth Circuit Holds Shell Cannot Bring Preemptive APA Suit Against Environmental Groups

    By Environmental Law Prof

    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…

  10. Wiley Executive Summary

    Federal Court Declines to Put Coverage Litigation on Hold

    By Executive Summary

    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…