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Declaratory Judgment

291 published works

  1. Zalma on Insurance

    Bad Faith Requires an Effective Insurance Policy

    By Barry Zalma

    No Contractual Right to Benefits No Bad Faith Post 4846 See the full video at https://rumble.com/v592i7v-bad-faith-requires-an-effective-insurance-policy.html and at https://youtu.be/s424IL9WziU The USDC granted the motion of insurer Medical Protective Co. (Med…

  2. Commercial Case Notes

    Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim

    By John Lundin

    On April 17, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Exceed LLC v. Relo LLC, 2024 NY Slip Op. 31439(U), dismissing a declaratory…

  3. Commercial Case Notes

    Declaratory Judgment Claim Dismissed Because Other Claims Provided the Relief Sought

    By John Lundin

    On March 6, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Barons Media, LLC v. Shapiro Legal Group, PLLC, 2024 NY Slip Op. 30710(U),…

  4. HEIRS & SUCCESSES

    Declaratory judgment & the Necropolis

    By Heirsandsuccesses

    A declaratory judgment is a statement a court makes to resolve a legal issue without coercion. Unlike court orders, declaratory judgments are not coercive in nature. However, if a party…

  5. California Construction Law Blog

    Government Claims Act Does Not Apply to Actions Solely Seeking Declaratory Relief and Not Monetary Relief

    By Garret Murai

    Perhaps it should come as no surprise, but public entities get special treatment under the law, and when filing a claim against a public entity, in…

  6. Commercial Case Notes

    Motion to Dismiss Declaratory Judgment Claim Considered Motion for Judgment on That Claim in Defendant’s Favor

    By John Lundin

    On January 24, 2024, the Second Department issued a decision in 88-18 Tropical Restaurante Corp. v. Utica First Ins. Co., 2024 NY Slip Op. 00289, holding that a motion to…

  7. Virginia Rocket Docket Blog

    EDVA Rules That a Demand Letter to Amazon Creates Declaratory Judgment Jurisdiction

    By Dabney J. Carr

    One issue a patent owner faces when attempting to enforce its patent is the notice given to a potential infringer. By sending a demand letter to a potential infringer, a…

  8. Tort Talk

    Federal Court Applies Abstention Doctrine To Declaratory Judgment Action

    By Daniel Cummins

    In the case of Assoc. Ind. Ins. Co., Inc. v. 101 West Lehigh, LLC, No. 2:23-CV-03736-CFK (E.D. Pa. Oct. 31, 2023 Kenney, J.), the Motion of a necessary party/Defendant to…

  9. Civil Procedure

    The Utility of a Declaratory Judgment Action

    By pferrernlrg-com-paul-a-ferrer

    Lawletter Vol  48 No. 3 The Utility of a Declaratory Judgment Action Paul Ferrer—Senior Attorney           Most states, as well as the federal government, have enacted…

  10. Tort Talk

    Federal Court Punts On Declaratory Judgment Action Involving Insurance Coverage Questions

    By Daniel Cummins

    Ray GuyLegendary Raiders PunterIn the case of Mesa Underwriters Spec. Ins. Co. v. Alisha Real Estate, LLC, No. 2:23-CV-01281-GJP (E.D. Pa. Sept. 7, 2023 Pappert, J.), the court granted a…