Topic
Declaratory Judgment
291 published works
Delaware Chancery Law Blog
Court of Chancery Grants Attorneys’ Fees and Expenses in Connection with Declaratory Judgment Action
In the case of Dawson v. Pittco Capital Partners, L.P., C.A. No. 3148-VCN (Del. Ch., Jan. 31, 2013), the Court of Chancery ruled on the application of legal fees of…
Chicago IP Litigation
Declaratory Judgment Claims re: Redesigned Product May be Brought in A Separate Suit
R-Boc Reps., Inc. v. Minemyer, No. 11 C 8433, Slip Op. (N.D. Ill. July 16, 2012) (Cole, Mag. J.). Judge Cole denied declaratory judgment defendant Minemyer’s Fed. R. Civ. P.…
Class Actions Insider
Class Actions for Declaratory or Injunctive Relief Under Rule 23(b)(2) Addressed In New Opinion By Judge Posner
Judge Posner has been quite prolific in writing opinions on class certification. His latest one addresses under what circumstances a Rule 23(b)(2) class can seek “incidental” monetary relief after Wal-Mart…
Surf and Turf Law
New Maritime Contracts Case from 2nd Circuit – Garanti Finansal Kiralama v. Aqua Marine
Interesting case noting the interplay between the Declaratory Judgment Act and the federal courts' admiralty jurisdiction. The case is Garanti Finansal Kiralama A.S. v. Aqua Marine and Trading, Inc. and…
Inside Jobs
Employer’s Declaratory Judgment Action Dismissed in Favor of Later Suit by Union
When an employee benefit plan is amended in a way an employer anticipates could be controversial, an employer might seek a declaratory judgment that the amendment complies with ERISA. Generally,…
The Contingency
Suing First Hits a Snag in Federal Circuit
Blawgletter wrote No More Mr. Nice Patent-Infringer Guy about five years ago. It told about how the Supreme Court and Federal Circuit had lately cleared the way for people to pre-empt a…
The Contingency
Plaintiff Seeking Declaratory Judgment Keeps Burden of Proof, Federal Circuit Holds
Say your dear client fears that a patent holder can hardly wait to sue YDC for infringement. YDC -- a lovely outfit with lots of nice people -- asks you…
Essential Patent Blog
Patent Alert: Federal Circuit Holds that Burden of Proof on Infringement May Vary in Declaratory Judgment Actions
On Tues., Sept. 18, 2012, in Medtronic Inc. v. Boston Scientific Corp. et al., Nos. 2011-1313, -1372, the Federal Circuit (Lourie, Linn, and Prost) determined the proper allocation of the burden of…
Patents Post-Grant
Declaratory Judgment & USPTO Business Method Patent Challenges
Initiating a USPTO Business Method Patent Challenge After Seeking Declaratory Judgement?One of the more interesting provisions of the America Invents Act (AIA) is the "transitional program" existing for the next…
InsureReinsure
UK: Court of Appeal Affirms Decision to Refuse to Set Aside Service Out of Jurisdiction
In Faraday Reinsurance Co Ltd v Howden North America Inc & Anor [2012] EWCA Civ 980, the Court of Appeal ruled that the judge at first instance, Judge Beatson, was…