Topic
Declaratory Judgment
291 published works
CAFA Law Blog
Federal Jurisdiction Retained in Declaratory Judgment Action Where Value of Relief Was Measured in Medical Bills
South Florida Wellness, Inc. v. Allstate Ins. Co., 2014 WL 576111 (11th Cir. Feb. 14, 2014). The Eleventh Circuit held that, where a health care provider merely sought a declaration…
The Trademark Blog
WD Texas: Discussion of mootness, DJ standing and abandoment, in context of 12(b)(6)
WD Texas: Discussion of mootness, declaratory judgement standing and abandonment in context of 12(b)(6) http://t.co/ZdogBkAUft— TrademarkBlog (@TrademarkBlog) September 4, 2014
Essential Patent Blog
Federal Circuit dismisses MPHJ’s writ of mandamus, appeal for lack of jurisdiction
Back in April, we reported on the Vermont Attorney General’s suit against non-practicing-entity MPHJ being remanded to state court. Dissatisfied with the district court's decision, MPHJ appealed the remand and filed…
InsureReinsure
Declaratory Judgment Action Battles Follow Concussion Class Actions
Insurance industry professionals and attorneys are closely following the most recent concussion-based litigations as they proceed through state and federal courts. In the aftermath of such class actions—which have and…
Wiley Executive Summary
Self-Insurance Policy Considered Primary Insurance Due to Pro Rata Other Insurance Clause
A North Carolina intermediate appellate court has held that a university’s self-insurance policy was considered primary insurance due to the policy’s pro rata other insurance clause. Cinoman v. Univ. of…
Wiley Executive Summary
Federal Court Abstains from Declaratory Judgment Action in Favor of Underlying State Court Proceeding
A New Jersey federal court has abstained from exercising jurisdiction over a removed insurance coverage declaratory judgment action where the underlying action was ongoing in state court. Owen v. Hartford…
Wiley Executive Summary
Absence of Parallel State Court Proceedings Does Not Require Federal Court to Exercise Jurisdiction Under Declaratory Judgment Act
A federal appellate court has held that a lower court did not abuse its discretion in declining to exercise jurisdiction under the Declaratory Judgment Act even though there was not…
Insurance Law Hawaii
Excess Carrier’s Declaratory Judgment Action Stayed While Underlying Case Still Pending
The federal district court determined the excess carrier's declaratory judgment action to establish it had no coverage obligations should be stayed while the underlying case was still pending. Scottsdale Ins.…
Delaware Intellectual Property Litigation
Chief Judge Sleet Grants Motion to Transfer Constant Contact’s Action Seeking Declaratory Judgment that Umbanet’s Patents Are Invalid
By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Constant Contact Inc. v. Umbanet Inc., Civil Action No. 12-1467 (D.Del., March 12, 2014), the Court granted defendant Umbanet’s…
The Northwest Policyholder
Washington Federal Court: Insurer Cannot Litigate Contested Issues In Declaratory Judgment While Underlying Case Pending
By Seth Row
With characteristic good humor, Judge Robart of the Western District of Washington recently reiterated a very important principle in the resolution of duty to defend issues: the insurance carrier may…