Topic
Declaratory Judgment
291 published works
Rural Spectrum Scanner
Comment Sought on Tin Can VoIP Petition for Declaratory Ruling
The FCC’s Wireline Competition Bureau (Bureau) is seeking comment on Far Homes, Inc. d/b/a Tin Can’s (Tin Can) Petition for Declaratory Ruling (Petition) requesting that the Bureau declare that, for…
Zalma on Insurance
If Policy is Rescinded Neither Named nor Additional Insureds Recover
By Barry Zalma
Additional Insureds Can Intervene to Try to Defeat Suit to Rescind Policy Post 5170 See the full video at https://rumble.com/v6xquai-if-policy-is-rescinded-neither-named-nor-additional-insureds-recover.html and at https://youtu.be/ZhcQ7PWJYcg The case involves Accelerant Specialty Insurance Company…
Intellectual Property Law Blog
Navigating Declaratory Judgment: Mitek’s Bid to Head Off USAA’s Patent Claims
This case[1] addresses declaratory judgments of non-infringement in relation to subject-matter jurisdiction and the district court’s refusal to exercise discretionary jurisdiction. Background In June 2020, Mitek Systems, Inc. (“Mitek”) filed…
Paul W. Mollica Federal Courts Blog
Sixth Circuit Charts Its Own Course on Abstention from Declaratory Actions That Are Part of a “Mixed Action” Seeking Injunctive or Legal Relief
In Fire-Dex, LLC v. Admiral Ins. Co., No. 24-3781 (6th Cir. June 2, 2025), the Sixth Circuit rejects the holdings of seven other circuits and holds that when a demand…
Commercial Case Notes
Court Awards Declaratory Judgment by Default
By John Lundin
On March 20, 2025, Justice Patel of the New York County Commercial Division issued a decision in Sapient Corp. v. Taggart Continuum Tech. Solutions, Inc., 2025 NY Slip Op. 30967(U),…
Westchester Commercial Division Blog
New Jurisdictional Thresholds for Equitable and Declaratory Relief Cases
By Brian Cohen
On January 28, 2025, New York State’s Chief Administrative Judge signed Administrative Order #38-2025, setting in motion significant changes for the Commercial Division’s jurisdiction over cases seeking only equitable or…
Commercial Case Notes
Provision Limiting Claims to Declaratory Judgment Enforceable
By John Lundin
On February 24, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Kingsbridge 2005, LLC v. Wells Fargo Bank, N.A., 2025 NY Slip Op. 30648(U),…
Paul W. Mollica Federal Courts Blog
“Boilerplate” Prayer in Complaint for “Just and Proper” Relief Did Not Rescue a Declaratory Judgment Action from Mootness, Holds the Eleventh Circuit
In Warren v. DeSantis, No. 23-10459 (11th Cir. Jan. 10, 2025) (per curiam), the Eleventh Circuit dismisses on mootness grounds a declaratory action by a Florida officeholder seeking to be…
Indiana Intellectual Property Blog
Trademark Declaratory Judgment Action filed in Indiana over Protective Trading Card Sleeves
BCW Diversified, Inc. (“BCW”) is a Middletown, Indiana-based manufacturer of protective card sleeves for collectible trading cards. In this new federal lawsuit filed in the Southern District of Indiana, BCW…
Insurance Law Hawaii
Finding Insurer’s Declaratory Relief Action Raises Unsettled Questions of State Law, Case is Dismissed
The federal district court for the District of Hawaii dismissed the insurer's action for declaratory relief because it raised issues that were unsettled by Hawaii courts. Association of…