Topic
Declaratory Judgment
291 published works
Land Use Law Blog
Putting The Cart Before the Horse – Developer Cannot Pursue Declaratory Judgment Before City Council Passes Final Housing Ordinance
By Leslie Walker and Nathan Jones The following case exemplifies that a developer cannot instigate litigation attacking a proposed ordinance until a municipal government has passed the ordinance in question.…
Labor Law Prof Blog
The Use of Declaratory Judgements in Employment Discrimination Cases
Friend of the blog, Jack Sargent, sends along this interesting group of observations about the use of declaratory judgments by employers in employment discrimination cases to head off (or try…
Civil Procedure & Federal Courts Blog
Declaratory Judgments and Claim Preclusion
By Civil Procedure & Federal Courts Blog
A panel of the First Circuit Court of Appeals recently reversed a district court finding that a deceptive trade practices claim against an insurance company was barred by res judicata…
The Contingency
No Claim Preclusion from Declaration, Per First Circuit
The First Circuit today took a roundabout tour through Massachusetts precedents before concluding that a declaratory judgment didn't preclude "coercive" claims that arose from the same nucleus of operative facts. …
Civil Procedure & Federal Courts Blog
United States: Federal Circuit Elaborates On Declaratory Judgment Jurisdiction Analysis In A Post-Medimmune World
By Civil Procedure & Federal Courts Blog
Federal jurisdiction has been expanded in the realm of patent law, but some limits are still needed. The U.S. Court or Appeals helped define these limits in Prasco, LLC v.…
Chicago IP Litigation
Dormant Infringement Accusation Creates Declaratory Jurisdiction
Tuthill Corp. v. ArvinMeritor, Inc., No. 07 C 2758, 2008 WL 4200888 (N.D. Ill. Sep. 5, 2008) (Gottschall, J.) Judge Gottschall denied declaratory judgment ("DJ") defendant ArvinMeritor's Fed. R. Civ.…
Chicago IP Litigation
No Declaratory Judgment Jurisdiction Because Defendant is Natural Plaintiff
Personified, LLC v. Sales Consultants of Cary, LLC, No. 08 C 3123, 2008 WL 3200842 (N.D. Ill. Aug. 8, 2008) (Der-Yeghiayan, J.) Judge Der-Yeghiayan granted declaratory judgment ("DJ") defendant Sales…
The Trademark Blog
Declaratory Judgement vs Virgin Enterprises re VIRGINHEALTH.NET
Complaint Virgin Health - Upload a Document to Scribd Read this document on Scribd: Complaint Virgin Health
The IP Law Blog
Federal Circuit Further Refines Declaratory Judgment Jurisdiction
By Audrey Millemann In Prasco, LLC v. Medicis Pharmaceutical Corp., 2008 WL 3546217 (Fed. Cir. 2008), the Federal Circuit Court of Appeals has further limited the test for subject matter…
The Contingency
Tenth Circuit Refuses to Boot Footwear Dispute
The boot that launched a suit. The Tenth Circuit today reversed itself on a question of Article III jurisdiction: whether a trademark user that doesn't reasonably fear an imminent infringement…