Topic
Declaratory Judgment
290 published works
Commercial Case Notes
Court May Grant Declaratory Judgment in Response to a Motion to Dismiss
By John Lundin
On April 22, 2026, the Second Department issued a decision in Cox v. First Citizens Bancshares, Inc., 2026 NY Slip Op. 02388, holding that a court may grant a declaratory…
Commercial Case Notes
Statute of Limitations on Declaratory Judgment Claim Did Not Start to Run Until Plaintiff Learned That Defendant Was Repudiating Plaintiff’s Rights
By John Lundin
On April 8, 2026, the Second Department issued a decision in Cinquemani v. Money Source, Inc., 2026 NY Slip Op. 02100, holding that the statute of limitations on a declaratory…
Florida Construction Legal Updates
ANOMALY IN ADDING A THIRD-PARTY CLAIMANT TO A LIABILITY INSURANCE COVERAGE DISPUTE
In an insurance coverage lawsuit seeking declaratory relief, an insurer sued the third-party claimant. The insurer was seeking a declaration that there was no coverage, which naturally would impact the…
SALT Shaker
A “third way” forward: Declaratory judgments in state tax disputes
By Jeremy Gove, Chelsea Marmor, Charles Capouet
In this episode of the SALT Shaker Podcast, Partners Jeremy Gove and Chelsea Marmor sit down with Counsel Charles Capouet to discuss his recent article in Tax Notes State on…
Insurance Law Hawaii
Insurer’s Federal Suit Dismissed in Favor of Insured’s State Suit
The federal district court granted the insured's motion to dismiss the insurer's federal suit for declaratory judgment because the insured filed a more complete action in state court. Church Mut.…
Zalma on Insurance
No Duty to Defend When Exclusion Applies
By Barry Zalma
Declaratory Relief Granted to Insurer Post number 5294 Suit for Defective Windows Excluded from Insurance See the video at https://rumble.com/v769fsk-no-duty-to-defend-when-exclusion-applies.html and at https://youtu.be/F8sBTHNS31s In Acuity v. Marion Glass And Mirror,…
California Public Safety Labor Blog
California Supreme Court Clarifies Limits on Declaratory Relief and Records Preservation Under the California Public Records Act
By Mastagni Law
A recent decision from the California Supreme Court offers important guidance for public safety agencies and the officers they employ regarding obligations under the California Public Records Act (CPRA). In…
The Patent Playbook
Updates on APEX-related Personal Jurisdiction Considerations Since SnapRays
By Joseph Drayton, Alan S. Teran, Ph.D.
Last year we discussed the implications of the Supreme Court’s choice not to review the Federal Circuit’s SnapRays decision for patent owners that rely on the Amazon Patent Evaluation Express…
Zalma on Insurance
Resolution of Coverage Issues Appropriate Under Federal Declaratory Judgment Act
By Barry Zalma
Declaratory Relief Available to an Insurer from USDC Post number 5274 See the video at https://rumble.com/v74yxsk-resolution-of-coverage-issues-appropriate-under-federal-declaratory-judgmen.html and at https://youtu.be/rxEd5a1Z-XY Insurer Seeks Limitation of Liability of Child Killed by Foster Dogs…
Zalma on Insurance
Abstention Protects Against The Risk of Potentially Contradictory Fact Finding
By Barry Zalma
Sometimes the Best Court Decision is to Do Nothing Post 5209 In Starr Indemnity & Liability Company v. Scottsdale Insurance Company, No. 24-CV-3309 (PKC) (TAM), United States District Court, E.D.…