Topic
Declaratory Judgment
291 published works
Chicago IP Litigation
Declaratory Judgment Claim Dismissed as to Unasserted Patent Claims
Sloan Valve Co. v. Zurn Indus., Inc., No. 10 C 204, Slip Op. (N.D. Ill. May 4, 2010) (St. Eve, J.). Judge St. Eve granted in part plaintiff/counter-defendant Sloan's Fed.…
Florida Insurance Blog
Declaratory Judgment Action for Coverage Against Medical Malpractice Lawsuit
By Mark Nation
My client was sued for negligence in the administering of medication. My client's professional liability policy has offered to defend under a reservation of rights. At the same time, the insurer,…
The IP Law Blog
Patent Minefield Now a Risk for Trademark Owners
by Matt Massari Patent lawyers have understood the consequences of sending a cease and desist letter to a potential infringer since the Supreme Court’s decision in MedImmune, Inc. v. Genentech,…
Civil Procedure & Federal Courts Blog
La Belle on Patent Litigation and Personal Jurisdiction
By Civil Procedure & Federal Courts Blog
Megan La Belle (Catholic University - Columbus School of Law) has posted Patent Litigation, Personal Jurisdiction, and the Public Good to SSRN.Abstract: There is consensus among scholars, policymakers, and industry…
The Trademark Blog
SDNY: Demand Letters, Declaratory Actions and the First to File rule
SDNY: Motion to transfer granted following 'first to file' rule. Discussion as to what extent a Declaratory Judgement filed in response to a demand letter will not be recognized as…
Chicago IP Litigation
Court Proposes Dismissing Declaratory Judgment Counterclaims as Duplicative of Plaintiff’s Patent Claims
Continental Datalabel, Inc. v. Avery Dennison Corp., No. 09 C 5980, Slip. Op. (N.D. Ill. Dec. 9, 2009 (Shadur, Sen. J.). Judge Shadur ordered the parties to be prepared to…
Policyholder Perspective
Recent California Court of Appeal decision suggests insured should consider answering and cross-complaining before moving to stay insurer’s declaratory relief action
When a liability insurer wishes to avoid all coverage obligations with respect to a claim against its insured, it may seek an adjudication that it has no duty to defend…
Florida Probate & Trust Litigation Blog
4th DCA: What’s a “cestui que trust” and can it sue my trustee client?!
Wells v. Wells, --- So.3d ----, 2009 WL 2949277 (Fla. 4th DCA Sep 16, 2009) Florida's declaratory-judgment act (F.S. Chapter 86) is based on the Uniform Declaratory Judgment Act, which…
The Contingency
Patent Department: Federal Circuit Holds Dec. Action Against Troll Okay, Mandates Transfer from E.D. Tex.
Patent holders that make stuff tend to dislike holders that don't. They call them patent trolls. Blawgletter has heard that juries don't share the anger. They view patents as property and see…
PropertyProf Blog
Bray on Preventive Adjudication
By propertyprof
Samuel Bray (Columbia) has posted Preventive Adjudication on SSRN. Here's the abstract:This Article identifies, justifies, and explains the parameters of a largely ignored but important category of cases - what…