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Declaratory Judgment

290 published works

  1. The IP Law Blog

    Federal Circuit Applies Supreme Court’s New Test for Declaratory Judgment Jurisdiction

    By Weintraub Firm

    By Audrey A. Millemann The Federal Circuit Court of Appeals recently reversed a district court’s dismissal of a declaratory judgment action, relying on the Supreme Court’s decision in MedImmune Inc.…

  2. Civil Procedure & Federal Courts Blog

    Declaratory Judgments and Compulsory Counterclaim

    By Civil Procedure & Federal Courts Blog

    Do compulsory counterclaims exist in simple declaratory judgment suits?  Generally no, writes Judge Posner in Allan Block Corp. v. County Materials Corp.   It's really a nice opinion that delves deeper…

  3. The Trademark Blog

    DJ Action: AIRPOD v IPOD

    By Marty Schwimmer

    Apple threatens an opposition against Plaintiff's application for AIRPOD for air purifiers. Plaintiff brings declaratory judgment action against Apple arguing that AIRPOD for its products is not confusingly similar to…

  4. inversecondemnation.com

    2007 Land Use in Review: Venue in Declaratory Actions on Legality of Agency Rules is Jurisdictional

    By Robert H. Thomas

    In Hawaii Home Infusion Assoc. v. Befitel,(No. 27256, Apr. 16, 2007), the Hawaii Supreme Court held that thevenue provisions in the declaratory judgment section of the HawaiiAdministrative Procedures Act, Haw.…

  5. The Contingency

    Cerberus Lifts a Back Leg in Dispute with URI

    By Barry Barnett

    Cerberus Capital Management asked a trial court in New York City today to declare that United Rentals, Inc., has no contractual basis for forcing the former to buy the latter. …

  6. Chicago IP Litigation

    Unspecified Intent to Use Trademark Not Sufficient for DJ

    By R. David Donoghue

    Geisha, LLC v. Tuccillo, No. 05 C 5529, 2007 W> 2608558 (N.D. Ill. Sep. 4, 2007) (Pallmeyer, J.). Judge Pallmeyer held that the Court lacked jurisdiction over plaintiff Geisha's declaratory…

  7. Chicago IP Litigation

    Potential Reissue/Reexam Does Not Create Actual Controversy

    By R. David Donoghue

    Abbott Labs v. Baxter Healthcare Corp., No. 04 C 0836, Slip Op. (N.D. Ill. Sep. 28, 2004) (Guzman, J.). Judge Guzman granted plaintiff Abbott Laboratories' ("Abbott") Fed. R. Civ. P.…

  8. Construction & Transition Litigation Law Blog

    Stay issued in DJ action arising out of Amherst Mews case

    By Donald B. Brenner

    In Transcontinental Insurance Co v. Jocama Construction Co, inc, et al, Case No. 06-CV-03358, 2007 U.S Dist. Lexis 54901, U.S. District Judge Freda Wolfson issued a stay of a declaratory…

  9. InsureReinsure

    Statutory Attorneys Fees Under Florida’s Insurance Code

    By Troutman Pepper Locke

    In a recent decision, a Florida appellate court found that an insured was not entitled to statutory legal fees against its insurer where the insurer defended the insured under a…

  10. Chicago IP Litigation

    Northern District’s First Post-MedImmune DJ Decision

    By R. David Donoghue

    Black & Decker, Inc. v. Robert Bosch Tool Corp., No. 06 C 4440, Min. Order (N.D. Ill. Jul. 13, 2007) (Manning, J.). In the first Northern District opinion to address…