Topic
Declaratory Judgment
291 published works
Chicago IP Litigation
Defendant Has Right to Bring Declaratory Trademark Claims
ExactLogic, Inc. v. Xactlink, LLC, No. 11 C 50038, Slip Op. (N.D. Ill. Aug. 18, 2011) (Reinhard, J.). Judge Reinhard granted in part plaintiff ExactLogic's motion to dismiss defendant Xactlink's…
Insurance Law Hawaii
Hawaii Federal District Court Stays Coverage Action
The insured moved to dismiss the insurers' action for declaratory judgment because a parallel action was pending in Missouri state court. Axis Surplus Ins. Co. v. McCarthy/Kiewit, 2012 U.S.…
E2 Law Blog
Declaratory Judgments Under Superfund
When is a declaratory judgment required, permitted, or inappropriate under the federal Superfund statute? My December column in the Legal Intelligencer / Pennsylvania Law Weekly explores these issues.
Sixth Circuit Appellate Blog
Songwriter’s Declaratory Judgment Claim Strikes a Chord with Sixth Circuit
In a recent appeal from the dismissal of one of the lengthiest complaints ever filed -- at a whopping 795 paragraphs, 68 attachments and 506 pages (including exhibits) -- the…
Chicago IP Litigation
Trading Technologies: Court Quashes Subpoena
Rosenthal Collins Group, LLC v. Trading Techs. Int'l., Inc., No. 05 C 4088, Slip Op. (N.D. Ill. Jul. 19, 2011) (Coleman, J.). Judge Coleman granted declaratory judgment plaintiff Rosenthal Collins…
Florida Insurance Blog
Declaratory Judgment Action For Coverage
By Mark Nation
My client bought liability insurance for his business. When he presented a claim, his insurance company denied the claim and has voided the policy for what it says were "material…
Patents Post-Grant
Declaratory Judgement Less Attractive After Patent Reform?
Race to Secure Venue Could Shut Out USPTOWhen there is an imminent threat of litigation, rather than await the inevitable lawsuit, a potential defendant may pursue a declaratory judgement to…
Resolving Discovery Disputes
The First 120 Days of Insurance Litigation
Your clients have been sued by their insurance company for Declaratory Relief. The insurer asserts that there is no coverage under your clients' liability insurance policy for a claim made…
Class Actions Insider
Appraisal Under Property Insurance Policies: California Court of Appeal Rules That Trial Courts Have Discretion To Defer Appraisal Until After Resolution Of Declaratory Judgment Claim
The California Court of Appeal recently held in a putative class action that trial courts have discretion to defer an appraisal (which is similar to arbitration but limited to resolution…
The IP Law Blog
Jurisdiction in Declaratory Judgment Actions – Federal Circuit Resolves Open Question
by Audrey Millemann In ABB Inc. v. Cooper Industries, LLC, 97 U.S.P.Q. 2d 1885 (Fed. Cir. 2011), the Federal Circuit resolved an open question concerning subject matter jurisdiction of declaratory…