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Declaratory Judgment

291 published works

  1. Land Use Law Blog

    Putting The Cart Before the Horse – Developer Cannot Pursue Declaratory Judgment Before City Council Passes Final Housing Ordinance

    By Abbott & Kindermann, Inc.

    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.…

  2. Labor Law Prof Blog

    The Use of Declaratory Judgements in Employment Discrimination Cases

    By Workplace Prof

    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…

  3. 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…

  4. The Contingency

    No Claim Preclusion from Declaration, Per First Circuit

    By Barry Barnett

    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. …

  5. 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.…

  6. Chicago IP Litigation

    Dormant Infringement Accusation Creates Declaratory Jurisdiction

    By R. David Donoghue

    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.…

  7. Chicago IP Litigation

    No Declaratory Judgment Jurisdiction Because Defendant is Natural Plaintiff

    By R. David Donoghue

    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…

  8. The Trademark Blog

    Declaratory Judgement vs Virgin Enterprises re VIRGINHEALTH.NET

    By Marty Schwimmer

    Complaint Virgin Health - Upload a Document to Scribd Read this document on Scribd: Complaint Virgin Health

  9. The IP Law Blog

    Federal Circuit Further Refines Declaratory Judgment Jurisdiction

    By Weintraub Firm

    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…

  10. The Contingency

    Tenth Circuit Refuses to Boot Footwear Dispute

    By Barry Barnett

    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…