Topic
Declaratory Judgment
291 published works
Class Actions Insider
Amount in Controversy for Declaratory Judgment Claims and “Late” Removal Based on Standard Fire v. Knowles Addressed By New Class Action Fairness Act (CAFA) Appellate Decisions
By Wystan Ackerman, Wystan Ackerman
Two recent federal court of appeals decisions on the Class Action Fairness Act (CAFA) address the measurement of the amount in controversy on a declaratory judgment claim, and a “late”…
The Appellate Strategist
Could an Insurer’s Dec Action Waive the Right to Participate in Settlement in Illinois?
By Kirk Jenkins
[This post appeared earlier on the Sedgwick Insurance Law Blog.] An insurer offers its insured a defense under a reservation of rights and files a complaint seeking a declaratory judgment…
Class Action Lawsuit Defense
Removal Evidence Need Not Be Perfect and Declaratory Relief Alone May Satisfy CAFA Amount-in-Controversy Requirement, says the Eleventh Circuit
Answering a question left undecided in other circuits, the Eleventh Circuit held in South Florida Wellness, Inc. v. Allstate Insurance Co., No. 14-10001 (Feb. 14, 2014) that a complaint seeking…
The IP Law Blog
Patent Owners have Burden of Proof in Declaratory Judgment Actions
By Marketing
By: Audrey A. Millemann On January 22, 2014, the United States Supreme Court decided that a patent owner has the burden of proving infringement in an action filed by a…
Essential Patent Blog
Rockstar sued by Arris who manufactures equipment sold to cable operators involved in Rockstar litigation
By David Long
Yesterday Arris filed a declaratory judgment action in D. Del. against Rockstar based on Rockstar asserting alleged standard essential patents (SEPs) against cable operators who purchased Arris equipment (recall our Jan. 21, 2014 post…
Essential Patent Blog
Supreme Court Rules that Burden to Show Infringement in Declaratory Judgment Action for Non-Infringement Remains with Patentee
Today, the U.S. Supreme Court issued its opinion in Medtronic, Inv. v. Mirowski Family Ventures, LLC, unanimously reversing the Federal Circuit's decision below and resolving two issues that are commonly disputed in…
Civil Procedure & Federal Courts Blog
Supreme Court Tackles Procedural Issues in Patent Declaratory Judgment Action
In Medtronic, Inc. v. Mirowski Family Ventures, LLC, Mirowski licensed its patents relating to implantable heart stimulators to Medtronic, which makes medical devices. Later, Mirowski notified Medtronic that it believed…
Class Actions Insider
Declaratory Relief in Insurance Class Actions: Certification Denied Because Putative Class Members Lacked Standing
By Wystan Ackerman, Wystan Ackerman
A recent trend in insurance class actions (and class actions generally) has been for plaintiffs to bring cases seeking primarily or exclusively declaratory relief. This is because of a perception…
The Trademark Blog
Gander Mountain v Cabela’s: What Do You Think?
When I skim lists of newly filed suits, I look out for situations where the defendants are well-known established companies. Most tend to be declaratory judgment situations (which in themselves…
ContractsProf Blog
Declaratory Judgment and Sanctions(!) for Threatening Suit to Enforce a Gratuitous Promise
Over at The New York Law Journal, Joel Stashenko reports on Wu v. Xu, a case decided last month in the Rockland County Supreme Court. The case involves an alleged…